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Home My WebLink AboutMack Construction; 2013-04-25;Tracking #: CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT WATER SERVICE LOWERING AT MARBELLA CONDOMINIUMS MACK CONSTRUCTION ($45,000 or Less) This agreement is made on the (s? ^ ^ day of AL/IAJLJI , 20/^3, by the City of Carlsbad, California, a municipal corporation, (hereinafter (failed "City"), and Mack Construction whose principal place of business is 41735 Elm Street, #203, Murrieta, CA 92562 (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: Clement Harris (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. Water Service Lowering Page 1 of 6 General Counsel Approved 2/7/13 Tracking #: 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 apd^Kat debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractop^.guhrAntrao^pr from participating in c9Dii;act bidding. Signature: Print Name: ^£r^4j AtJcU 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 dunng the penod 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 Carisbad 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 Carisbad, 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 Carisbad. 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 Purchase Order. Water Service Lowering Page 2 of 7 General Counsel Approved 2/7/13 CONTRACTOR'S INFORMATION. Tracking #: (name of Contractor) (Contractor's license number) / (license class, and^exp.'^date) d^exp. date) (street address) M(^/?/?t'^pf . ^4 ^?C/i>2 (city/state/zip) fc^iTf) (^11' 8B<:// (telephone no.) (fax no.) ni^<:/rco/i,r^(i>^^hi^;/' 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, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONT CARLSBAD MUNICIPALWATER DISTRICT Division uirecior as auinonzea Dy the Executive Manager (print name/title) By: (sign here) (print name/title) If required by CMWD, proper notarial acknowledgment corporation. Agreement must be signed by one corporate of execution by Contractor must be attfifehSdiFl^tfi-'^^^ e officer from each of the following two'''ttroupSr"**' VN*^ 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 Qounsel BY: Water Service Lowering Page 3 of 7 General Counsel Approved 2/7/13 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 be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: Water Service Lowering Page 4 of 7 General Counsel Approved 2/7/13 Tracking #: EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 ea 6 Installation of 2" copper pipe (160' LF) and repair A/C paving per estimate #0619RRR attached as exhibit "C." 24,999.00 TOTAL* 24,999.00 'Includes taxes, fee's, expenses and ali other costs. Water Service Lowering Page 5 of 7 General Counsel Approved 2/7/13 Murrieta, CA 92562 ESTIMATE Date Estimate 2/26/2013 0619RRRR Name / Address General Contractor QTY 160'LF 1 SET 6 SETS 6 PCS IPC 7 PCS IPC 10 PCS 6 SETS 14 TONS 40 HRS 40 HRS 40 HRS 1 WEEK IDAY 2 DAYS 1 DAY 20 PLATES ILOT 160'LF Job Description 2401 La Costa Carlsbad, Ca. P.O. No. Desaiption CITY OF CARLSBAD ~ — DOMESTIC WATER INSTALLATION OF 2" COPPER PIPE (160' LF) AND REPAIR A/C PAVING 2" TYPE "K' COPPER (33" DEEP) 2" CORP STOP 1" CORP STOP/ BRONZE ANGLE METER STOP 2" X 1" TEE 2" 90 ELBOW 1" 90 ELBOW 2" X 1" REDUCER 2" COUPLING ANODE S.E. 30 SAND ONE OPERATOR ONE PIPELAYER • ONE PIPETRADESMAN ONE BACKHOE ONE CONCRETE CUTTER ONE JACKHAMMER ONE DUMP TRUCK TRAFFIC PLATE 4' x 8' TRAFFIC SIGNS A/C PAVING (4" A/C) *•* D/G & BASE TO BE PROVIDED BY CITY OF CARLSBAD*** ALL EXCLUSIONS WILL BE INCLUDED IN OUR CONTRACT. NO EXCEPTIONS: EXCLUSIONS: NO SURVEY, NO LINE LAYOUT, NO PERMITS, NO FEES, NO REMOVAL OF TRENCH SPOILS OFF-SITE OR ON-SITE, NO DEWATERING. NOT RESPONSIBLE FOR GRADE AFTER UTILITY TRENCHING AND BACKFILL, REPLACEMENT OF ANY AC OR CONCRETE BY OTHERS UNLESS STATED IN OUR ESTIMATE. STANDARD HARD DIRT AND ROCK CLAUSE - MUST BE ABLE TO BE DUG WITH A 426C BACKHOE OR EQUAL. ALL EXTRA EXCAVATION AND LABOR WILL NEED A SIGNED CHANGE ORDER TO PROCEED. ALL ELECTRICAL AND FENCING BY OTHERS ALL PIPE 5' FROM BUILDING. **DUE TO THE CONSTANT INCREASING OF MATERIAL PRICES THIS BID IS GOOD FOR 30 DAYS ONLY!** • — ^ ^ ' "^"^ Phone* Fax# 951.677.8841 Ext. 102 | 951.677.8897 Accounting EM Only jonimackcon5t@gmail.com GENERAL E-MAIL mackconst@gmail.com Total 24,999.00 Total $24,999.00 Site Estimator Joey 951.677.8841 Ext 106 Plumbmg Estimator Frank/Art 951.677.8841 Ext 105