HomeMy WebLinkAboutDon Hubbard Contracting Co; 2010-02-10;AMENDMENT NO. 1 TO MINOR PUBLICS WORKS AGREEMENT
FOR JOINT REPAIR ON ALGA ROAD AND PASEO CANDELERO
(Don Hubbard Contracting)
effective as of the /T= day of
the agreement dated
the Carlsbad Municipal Water District, , a
Public Agency organized under the Municipal Water Act of 191 1, and a Subsidiary District of the
City of Carlsbad, referred to as ("CMWD"), and Don Hubbard Contracting Co., ("Contractor")
(collectively, the "Parties") for joint repair on Alga Rd and Paseo Candelero.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to extend the work one
extra day; and
6. The Parties have negotiated and agreed to a supplemental scope of work and
fee schedule. The contractor required one additional day of work due to leak not being located
in the area where the leak detection company stated it was located. The additional fee charged
by the contractor is attached by reference as Exhibit "A.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD 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 has provided those services described above.
2. CMWD will pay Contractor for all work associated with those services described
in Exhibit "A" on a time and materials basis not-to-exceed Two Thousand Six Hundred Seventy
Five dollars ($2,675.00).
3. Contractor has completed all work described in Exhibit "A".
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. 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.
General Counsel Approved Version #07.05.01
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
CONTRACTOR under the Municipal Water Act of 191 1,
and a Subsidiary District of the City of
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If required by CMWD, 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. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-president CFO or
Assistant 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, General Counsel
Deputy ~eneralkounsel
BEST ORIGINAL REV. 04/09/2010
SOLD TO:
CITY OF CARLSBAD
ATTN: ACCOUNTS PAYABLE
1635 FARADAY AVENUE
CARLSBAD, CALIFORNIA 92008-7314
RE: P.O. NO. PI22265
PER ATTACHED PURCHASE ORDER
CHANGE ORDER
SHIP TO:
VICE PRESIDENT
NOTICE
' UNDER THE MECHANICS LElN LAW (CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION 1181 AT SEQ.1 ANY CONTMCTOR. SUBCCUTRACTOR, UBORER.
SUPPLIER OR OTHER PERSON WHO HELPS IMPROVE VWR PROPERTY BUT IS NOT PAID FOR HIS WORK OR SUPFUES. W\S A RIGHT TO ENFORCE A CLAIM
AGAINSTVOUR PROPERTY. THlS MEANSTHAT. AFTER A COURT HWRIffi. YOUR PROPERTY CWW BE SOW BY ACOURTOFICERAND THESALE USED TO
SATISFYME INDEBTEDNESS. THlS CAN HAPPEN EVEN IFYOU HAVE PAIDYOUR OWN CONTRACTOR IN FULL. IFTHESUBCONTRACTOR. LABORER. OR SUPPLIER
--
DESCRIPTION TOT& AMOUNT RATE
Carlsbad Municipal Water District
MINOR PUBLIC WORKS PROJECT
Project Manager: David Newland Date Issued: 2/9/2010
(760) 438-2722 ext 7135
Mail or Deliver to:
CMWD
5950 El Camino Real
Carlsbad, CA 92008
Award will be made to the lowest responsive,
responsible contractor based on total price.
DESCRIPTION
Labor, materials and equipment to repair the 8" joint repair on the shoulder of East bound Alga Rd,
100 yards east of Paseo Candelero in front of the water tank.
Further details can be found on Attachment "A".
Price not to exceed $20,325.00.
No job walk-through scheduled. Contractors to arrange site visit by contacting:
Project Manager: David Newland
Phone No. 760-438-2722 ext. 7135
Submission of bid implies knowledge of all job terms and conditions.
SUBJECT TO ACCEPTANCE WITHIN (90) DAYS
Name and Address of Contractor San Marcos. CA 92078
City/State/Zip
Don Hubbard Contracting
Name 760-736-3241
1015 Linda Vista Dr. Telephone
Address
-1 - Revised: 5/17/00
Name and Title of Person Authorized to sign
contracts.
Title
Name Date
10
JOB QUOTATION
ITEM NO.
1
UNIT
1
QTY
1
DESCRIPTION
Repair water main break as specified and
all appurtenances; see proposal
TOTAL PRICE
$20,325.00
Quote Lump Sum, including all applicable taxes. Award is by total price.
Evaluation and Award. Bids are binding subject to acceptance at any time within 90 days after
opening, unless otherwise stipulated by the Carlsbad Municipal Water District. Award will be made
by the Purchasing Officer to the lowest, responsive, responsible contractor. The District reserves the
right to reject any or all bids and to accept or reject any item(s) therein or waive any informality in the
bid. In the event of a conflict between unit price and extended price, the unit price will prevail unless
price is so obviously unreasonable as to indicate an error. In that event, the bid will be rejected as
non-responsive for the reason of the inability to determine the intended bid. The District reserves the
right to conduct a pre-award inquiry to determine the contractor's ability to perform, including but not
limited to facilities, financial responsibility, materials/supplies and past performance. The
determination of the District as to the Contractor's ability to perform the contract shall be conclusive.
SUBMITTED BY:
JM
Company/Business Name Contractor's License Number
A
Classification(s)
Printed Name and Title Expiration Date
Date
TAX IDENTIFICATION NUMBER
(Corporations) Federal Tax I.D.#:
OR
(Individuals) Social Security #:
-2-Revised: 5/17/00
DESIGNATION OF SUBCONTRACTORS
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 work in excess of one-half of one percent of
the total bid, and the portion of the work which will be done by each sub-contractor for each
subcontract.
NOTE: The contractor understands that if he fails to specify a sub-contractor for any portion of the
work 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
the 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."
PORTION OF WORK
TO BE
SUBCONTRACTED
Item
No.
Description of
Work
SUBCONTRACTOR*
% of Total
Contract
/
(
\
^-"BiSinessName and Address
NoNF" }^C*
^/ M
License No.,
Classification
& Expiration
Date
MBE
Yes No
Total % Subcontracted:
* Indicate Minority Business Enterprise (MBE) of subcontractor.
-3-Revised: 5/17/00
CARLSBAD MUNICIPAL WATER DISTRICT
MINOR PUBLIC WORKS CONTRACT
(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: David Newland, CMWD Public
Works Supervisor.
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.
False Claims
Contract hereby agrees that any contract claim submitted to the District 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
grounds for the Carlsbad Municipal Water District to disqualify the Contractor or subcontractor from
participating in contract bidding.
Signature:
Print Name:
-4- Revised: 5/17/00
Commercial General Liability, Automobile Liability and Workers' Compensation Insurance:
The successful contractor shall provide to the Carlsbad Municipal Water District, 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 District 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 $100,000
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 District prior to such cancellation.
The policies shall name the Carlsbad Municipal Water District as additional insured.
Indemnity:
The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold
harmless the City and the District, 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 or the
District. The expenses of defense include all costs and expenses including attorneys' fees for
litigation, arbitration, or other dispute resolution method.
-5- Revised: 5/17/00
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 5 working days after receipt of Notice to Proceed.
Completion: I agree to complete work within 30 working days after receipt of Notice to Proceed.
CONTRACTOR:CARLSBAD MUNICIPAL WATER DISTRICT,
a Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of
the City of Carlsbad
Assistant City Manager
(address)
(telephone no.)
(print name and title)
(e-mail address)
IQIS-A
ATTEST:
(address)
(city/state/zip)
/UDRRAim M
Secre
.WOOD j
= S{S
(telephone no.)
(fax no.)
(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. 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
-6-Revised: 5/17/00
Bon !Mitfabar0 (Eotttradiitg (Ea.
Engineering Contractor
License No. 172638A
Yard and Office - 1015-A Linda Vista Dr.
San Marcos, California 92078-2613
TEL: (760) 736-3241 FAX: (760) 736-3248
FEBRUARY 4, 2010
SEWER, WATER, STORM DRAIN CONSTRUCTION
EQUIPMENT RENTALS
GAIL JONES
CITY OF CARLSBAD
5950 EL CAMINO REAL
CARLSBAD, CA 92008
RE: ALGA RD 8" JOINT REPAIR - CARLSBAD
GAIL, WE ARE PLEASED TO PROVIDE YOU THE FOLLOWING ESTIMATE ON THE ABOVE JOB:
WATER -
LS.
LS.
LS.
LS.
LS.
LS.
MOBILIZATION
TRAFFIC CONTROL
SHORING & BRACING
REPAIR 8" JOINT with BUTT-STRAP WELD
BASE PAVE TRENCH (10"AC / 12" BASE)
DEMOBILIZATION
TOTAL $ 20,325.00
ESTIMATE BASED ON A LEAKING JOINT (STRAIGHT) LOCATED IN THE SHOULDER OF ALGA ROAD AT A DEPTH OF 10'-
11' TO THE TOP OF THE PIPE. ESTIMATE BASED ON DISCOVERY OF THE LEAK IN ONE DAY WITHIN ONE EXCAVATION
ONLY. ESTIMATE BASED ON REPAIR OF THE LEAK WITH AN 8" BUTT-STRAP IN ONE DAY AND BACKFILL AND
PAVEMENT REPLACEMENT IN 2 DAYS. PLEASE NOTE THAT THERE IS NO WAY TO KNOW EXACTLY WHERE THE LEAK
IS OR THE NATURE OF THE LEAK. THIS IS AN ESTIMATE ONLY.
SCOPE:
1. MOBILIZE EQUIPMENT. CITY TO COORDINATE ADDITIONAL SAWCUTTING TO LIP OF GUTTER.
2. EXCAVATE BETWEEN UTILITY PACKAGES IN THE BIKE LANE TO EXPOSE POSSIBLE LEAK - 1 DAY.
3. REPAIR LEAKING JOINT WITH BUTT-STRAP - I DAY.
4. BACKFILL EXCAVATION AND BASE PAVE TRENCH - 2 DAYS.
NOTES:
1. PRICE INCLUDES ALL TRAFFIC CONTROL AND DISPOSAL COSTS.
2. PRICE ASSUMES STAGING AVAILABLE AT ADJACENT WATER TANK OR EASEMENT FOR EQUIPMENT AND MATERIAL.
3. PRICE EXCLUDES CITY OF CARLSBAD PERMITS, BONDS, ENGINEERING, SURVEYING, SWPPP, AND EROSION CONTROL.
4. PRICE EXCLUDES COMPACTION TESTS, BUT CAN BE PROVIDED AT $500.00 EACH IF NECESSARY.
5. PRICE ASSUMES NO SAWCUTTING. CITY HAS ALREADY PERFORMED SAWCUTTFNG OF THE TRENCH. IF ADDITIONAL
SAWCUTTING IS REQUIRED, THIS WORK WILL BE PERFORMED AT ADDITIONAL COST.
6. PRICE EXCLUDES GRIND AND CAP, SEAL COATING, RUBBERIZED ASPHALT, AND STRIPING. WORK CAN BE PERFORMED AT
ADDITIONAL COST IF NECESSARY.
7. PRICE EXCLUDES REMOVAL AND REPLACEMENT OF CONCRETE CURB & GUTTER, SIDEWALK, IRRIGATION, LANDSCAPING,
AND FENCE. WORK CAN BE PERFORMED AT ADDITIONAL COST IF NECESSARY.
8. PRICE EXCLUDES REPLACEMENT OF PIPE, FABRICATED BENDS, FLANGED FITTINGS, VALVES, AND APPURTENANCES.
9. PRICE ASSUMES DEWATERING AND RELOADING OF THE WATERLINE WILL BE BY CMWD FORCES.
WE LOOK FORWARD TO WORKING WITH YOU ON THIS PROJECT. IF YOU HAVE ANY QUESTIONS REGARDING THIS
ESTIMATE, PLEASE DON'T HESITATE TO CALL ME. THANK YOU,
fASONMJBBARD,P.E.
SENIOR ENGINEER
BIDAlga8_Repair.doc