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HomeMy WebLinkAboutPBA LTD; 2010-09-16; PWM11-05UTILCity of Carlsbad MINOR PUBLIC WORKS CONTRACT Project Manager CLAY DOBBS Utilities, Wastewater City of Carlsbad Phone No (760) 438-2722 _ 5950 El Camino Real Carlsbad, California 92008-7314 DESCRIPTION Labor, materials and equipment provided to install wire mesh and approximately 40 yards "shot- crete" at 2 drainage structures in the City of Carlsbad to prevent illegal skateboarding. One structure located at the intersection of Cannon Road and College Boulevard. Second structure located at the intersection Cannon Road and Faraday Avenue. Amount also includes all cleanup and disposal of materials located within the structure. No permits were required for this job Contractor will be compliant in a locale's OSHA safety regulations required with this job. Price not to exceed $17,500.00 Project Manager: CLAY DOBBS Phone No. (760) 438-2722 Contractor acknowledges receipt of Addendum No. 1 ( ), 2 ( ), 3 ( ), 4 ( ), 5 ( ). SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor PBA.LTD. (760)729-5428 Name Telephone 800 Grand Ave. Address N/A E-Mail Address Carlsbad .California 92008 City/State/Zip -1- Revised 08/11/09 CITY OF CARLSBAD 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: CLAY DOBBS (project manager) The Payment of Prevailing Wages is Not Required The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Manager has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. 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 grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: -4- Revised 08/11/09 Name and Title of Pe contracts. Authorized to sign Title J-Su Name Date J JOB QUOTATION 'ITEIifli©!' 1 vi-BNu,,'--QTY -~DESCRIPTION Install wire mesh and 40 yd.3 of "shot- crete" to prevent illegal skateboarding in drainage structures owned by the City of Carlsbad Grand total TOTAL PRICE $17,500.00 $17,500.00 SUBMITTED BY: PBA.LTD. Company/Business Name Authorized Signature \lt\v V-vAef) Printed Name and Title Date #816826 Contractor's License Number Classificafion(s) of E/piration Date 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). -2-Revised 08/11/09 City of Carlsbad LETTER OF AGREEMENT INSURANCE REQUIREMENTS Commercial General Liability and Automobile Liability 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 Automobile Liability Insurance in the amount of $500,000 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. An "additional insured endorsement" must be attached to the submitted certificate of insurance. Also, a current City of Carlsbad business license is required. 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 Business Name and Address /- NONE • ^~^( ^/ License No., Classification & Expiration Date MBE Yes No Total % Subcontracted: * Indicate Minority Business Enterprise (MBE) of subcontractor. -3-Revised 08/11/09 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 $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 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. -5- Revised 08/11/09 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 "" working days after receipt of Notice to Proceed. Completion: I agree to complete work within ~~ working days after receipt of Notice to Proceed. CONTRACTOR: P.B.A., Ltd. PfcAUP CITY OF CARLSBAD a municipal corporation of the State of California: (name of Con By:^Utilities Director (address) (e-mail address))(telephone no.) By: (sign here) ftfo Rtes (printriame and title) ATTEST: (address) (city/state/zip)LORRAINE M. WOOD City Clerk (telephone no.) (fax no.) (e-mail address) (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 AttorneeJ -6-Revised 08/11/09