HomeMy WebLinkAboutFuller Paving and Development Inc; 2013-10-04;CARLSBAD MUNICIPAL WATER DISTRICT
MINOR PUBLIC WORKS CONTRACT
REPAIRS AT SKYLINE RESERVOIR
FULLER PAVING & DEVELOPMENT INC.
($45,000 or Less)
This agreement is made on the day of Oatobe/T , 2ol3, by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Fuller Paving and
Development, Inc. whose principal place of business is Vista, CA (hereinafter called "Contractor").
CMWD 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: Jase Warner
(CMWD 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.
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD 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.
Page 1 of 5 General Counsel Approved 2/7/13
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 of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor fi^om participating in contract bidding.
Signature:
Print Name: ^^Rm^-P fb/lMH^
REQUIRED INSURANCE. The successful contractor shall provide to CMWD, 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 CMWD 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 clauses providing that thirty (30) days written notice shall
be given to CMWD prior to such cancellation.
The policies shall name CMWD and 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 CMWD and the City of Carlsbad, 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 CMWD or City of Carlsbad.
The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration,
or other dispute resolution 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 5 working days after receipt of a Purchase Order.
Completion: Contractor agrees to complete work within 30 working days after receipt of a Purchase
Order.
Page 2 of 5 General Counsel Approved 2/7/13
CONTRACTOR'S INFORMATION.
Fuller Paving & Development, Inc. 536 A Olive Ave
(name of Contractor) (street address)
850114 Vista, CA 92083
(Contractor's license number)
A 11/30/2014 760-451-0181
(city/state/zip)
(license class, and exp. date) (telephone no.)
760-728-0907
{fax no,;
office@fullerpavinginc.com
(e-mail address)
AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, nght and actual authority to bind
Contractor to the terms and conditions of this Agreement,
CARLSBAD MUNICIPAL WATER DISTRICT,
By:
(sign here)
Robert P. Fuller, III President
(pnnt name/title)
By: s
"l^^^ (sign here)
Michelle L. Fuller, CFO
(print name/title)
Ags ititant""^fcfevQlw^^ /
Manager or. Division Director as auth6F^i*.W.?!v.--''v^^c^
the Executive Manager „»vix^^''^
ATTEST:
BARBARA ENGLESON
City CIOF4^ Scc^r^s^CKrxj
If required by CMWD proper notarial acknowledgment of execution by Contractor must be attached Ifa
corporation. Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary.
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:
CELIA A BREWER. General Counsel
Assistant General Counsel \
Page 3 of 5 General Counsel Approved 2/7/13
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
be Subcontracted
Business Name and Address License No.,
Classification &
Expiration Date
%of
Total
Contract
Total % Subcontracted:
Page 4 of 5 General Counsel Approved 2/7/13
EXHIBIT B
(ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.)
JOB QUOTATION
ITlENl
NO.
UWT
s
QTY DESCRIPTION PRICE
1 Ea 1 Clean, tack and install approximately 544 lineal fee of
hot asphaltic machine berm (Type A) in one move-in.
Clean, tack and install approximately 30 sq. ft. of
compacted hot asphaltic swale in one move-in.
Airsweep approximately 8,130 sq. ft. of asphalt
pavement in (1) area. Crackfill bad areas with
rubberized material as necessary. Apply (with rubber-
faced squeegees) two (2) coats of guardtop asphalt
sealer over the same 8,130 sq. ft. in (1) move-in per the
proposal dated 8/28/2013.
$8,766.31
TOTAL* $8,766.31
"Includes taxes, fee's, expenses and all other costs.
Page 5 of 5 General Counsel Approved 2/7/13
tt Omvmlagmmnt Inc.
PH: 760-451-0181
FAX: 760-728-0907
LIC: #850114 A
P.O. Box 162
Vista, CA 92085
PROPOSAL & CONTRACT
Date
8/28/2013
Name / Address
CARLSBAD MUNICIPAL WATER DISTRICT
JASE WARNER
5950 EL GAMING REAL
CARLSBAD, GA. 92008
Phone Fax E-mail Authorization
760-438-2722 760-431-2658 jase.warner@carlsbadca.gov RPF
Description Total
JOB LOCATION: 4291 SKYLINE DR, CARLSBAD
(1) CLEAN, TACK AND INSTALL APPROXIMATELY 544 LINEAL FEET OF HOT ASPHALTIC
MACHINE BERM ( TYPE A) IN ONE MOVE-IN.
(2) CLEAN, TACK AND INSTALL APPROXIMATELY 30 SQ. FT. OF COMPACTED HOT
ASPHALTIC SWALE IN ONE MOVE-IN.
(3) AIRSWEEP APPROXIMATELY 8,130 SQ. FT. OF ASPHALT PAVEMENT IN (1) AREA.
(4) CRACKFILL BAD AREAS WITH RUBBERIZED MATERIAL AS NECESSARY.
(5) APPLY (WITH RUBBER-FACED SQUEEGEES) TWO (2) COATS OF GUARDTOP ASPHALT
SEALER OVER THE SAME 8,130 SQ. FT. IN (1) MOVE-IN.
NOTE: JOB IS BID AT PREVAILING WAGES.
NOTE: Traffic to be considered off limits for a minimum of 24 hours after seal coat application is
completed.
8,766.31
Quote Good for 30 days - PAYMENT DUE UPON COMPLETION - 2% PER MONTH
ADDED TO ACCTS. OVER 30 DAYS. Total $8,766.31
Customer Signature & Date
ACCEPTANCE ^
(By Owner, Agent or General Contractor)
I/We accept the within proposal. You are authorized to perform the work comprehended
hereunder and I/we agree to pay the said amount in accordance with the terms set forth.
Should Fuller Paving & Development be required to engage the services of an attorney in
connection with the enforcement of this agreement, the CONTRACTEE shall pay Fuller
Paving & Development reasonable attorney's fees incurred with or without suit.
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