HomeMy WebLinkAboutPBA LTD South; 2023-12-27; PWM24-2224TRANPWM24-2224TRAN
Curb Inlet Modification at Southeast Corner
Poinsettia Ln & Alicante Rd; Cont. No. 6624 Page 1 City Attorney Approved 6/30/2023
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
CURB INLET MODIFICATION AT SOUTHEAST CORNER POINSETTIA LANE & ALICANTE ROAD
CONT. NO. 6624
This agreement is made on the ______________ day of _________________________, 2023, by the City
of Carlsbad, California, a municipal corporation (hereinafter called "City") and PBA LTD South, a California
corporation whose principal place of business is 4135 Park Drive, Carlsbad, California 92008 (hereinafter
called "Contractor").
City 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, as contained in the Standard
Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1
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:
Kevin Moghadasi
(City Project Manager).
PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203.
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. Contractor 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.
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December 27th
PWM24-2224TRAN
Curb Inlet Modification at Southeast Corner
Poinsettia Ln & Alicante Rd; Cont. No. 6624 Page 2 City Attorney Approved 6/30/2023
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor
Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices
Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section
1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System.
This project may utilize the Owner’s Procore (www.procore.com) online project management and
document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve
quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-
productive activities, reducing rework and decreasing turnaround times. The Contractor is required to
create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to
become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process
all project documents through Procore because this platform will be used to submit, track, distribute and
collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable
team members shall complete a free training certification course located at
http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining
their own Procore support, as needed, either through the online training or reaching out to the Procore
support team. It will be the responsibility of the Contractor to regularly check Procore and review updated
documents as they are added. There will be no cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
FALSE CLAIMS. Contractor 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
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PWM24-2224TRAN
Curb Inlet Modification at Southeast Corner
Poinsettia Ln & Alicante Rd; Cont. No. 6624 Page 4 City Attorney Approved 6/30/2023
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by
the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees
and provides, to City’s satisfaction, a declaration stating this.
BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City
of Carlsbad Business License for the duration of the contract.
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.
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 ten (10) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to
Proceed.
CONTRACTOR’S INFORMATION.
PBA LTD South 4135 Park Dr.
(name of Contractor)
1081694
(street address)
Carlsbad, CA 92008
(Contractor’s license number)
A & B 9/30/23
(city/state/zip)
760-801-5238
(license class. and exp. date)
1000834464 6/30/25
(telephone no.)
kevin.pbalimited@gmail.com
(DIR registration number/exp. date) (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.
[signatures on following page]
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PWM24-2224TRAN
Curb Inlet Modification at Southeast Corner
Poinsettia Ln & Alicante Rd; Cont. No. 6624 Page 6 City Attorney Approved 6/30/2023
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a subcontractor 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
Type of Work
to be
Subcontracted
Business Name and Address DIR
Registration
No.
License No.,
Classification &
Expiration Date
% of
Total
Contract
NONE
Total % Subcontracted: 0%
The Contractor must perform no less than 50% of the work with its own forces.
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PWM24-2224TRAN
Curb Inlet Modification at Southeast Corner
Poinsettia Ln & Alicante Rd; Cont. No. 6624 Page 7 City Attorney Approved 6/30/2023
EXHIBIT B
Contractor to provide all materials, tools and labor necessary to install Curb inlet modification at
southeast corner of Poinsettia Lane and Alicante Road.
Contratcor will install 2- 12inch SDR-35 Drainpipe from back of street drain Box at 105.64 IE to top of
Headwall 17 feet downstream from back of D-box, pour in concrete collar per SDRSD D-62.
All required traffic control will be provided by the Contractor in accordance with the latest edition of the
California Manual on Uniform Traffic Control Devices (CAMUTCD). All work shall be performed in
accordance with the City of Carlsbad’s Engineering Standards, the 2021 Standard Specifications for Public
Works Construction (Greenbook), and 2018 Caltrans Standard Plans and Caltrans Specifications.
JOB QUOTATION
ITEM NO. UNIT QTY DESCRIPTION PRICE
1 LS 1 Mobilization, Tier 2 SWPPP Preparation
Implementation and Maintenance, Traffic Control
Plan Implementation and Maintenance, Install 2-
12inch SDR-35 Drainpipe from back of street drain
Box at 105.64 IE to top of Headwall 17 feet
downstream from back of D-box, pour in concrete
collar per SDRSD D-62
$30,050
2 LS 1 Bond $1,200
TOTAL* $31,250
*Includes taxes, fees, expenses and all other costs.
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