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HomeMy WebLinkAboutPlanes, Boats and Automobiles PBA, LTD; 2015-07-15; PWM15-94TRANDate Routed: CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/0 #1 MINOR PUBLIC WORKS CONTRACT STORM DRAIN REPAIRS (GARFIELD AND HARRISON) Project: PWM15-94TRAN Senior Civil Engineer Department Head City Attorney Reasons for changes: Item 1: A bend in the corrugated metal pipe that runs from Garfield into the Agua Hedionda Lagoon was not lined when the CIP project lined the other section. This was discovered by city maintenance staff after the contract had been executed. A clean out will be installed in this location to remove the bend and provide better maintenance access. Since this is in the same location as the work currently being performed, it has been added to this contract. COST ACCOUNTING SUMMARY: Original contract amount $6,580.00 Total amount this C/0 $7,000.00 Total amount of previous c;o·s $0.00 Total CtO•s to date $7,000.00 New Contract Amount $13,580.00 Note: This ceo will be encumbered to the PO once fully executed. Project Storm Drain Repairs (Garfield and Harrison) Change Order No. 1 CITY OF CARlSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: Storm Drain Repairs (Garfield and Harrison) CONTRACT NO. ACCOUNT NO. CONTRACTOR: ADDRESS: PWM15-94TRAN 3707000 9060 660719066 Planes, Boats and Automobiles, limited 800 Grand Avenue, Suite A-9 Carlsbad, CA 92008 P.O. NO. P130482 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1 Install new 4'x4' modified San Diego Regional Standard D-09 concrete drain box with concrete lid & traffic rated manhole ring & cover. Intercept 15-inch corrugated storm drain pipeline on both sides of box. As required extend pipeline with 15" SDR 35 pipeline with encasement and concrete lug in place both sides. All work prevailing wage rates ........................ $7,000.00 TOTAl INCREASE TO CONTRACT COST ................................................... $7,000.00 TIME FOR COMPLETION OF All WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. THE DATE OF COMPLETION IS WEDNESDAY, SEPTEMBER 23,2015. Project: Storm Drain Repairs (Garfield and Harrison) Change Order No. 1 RECOMMENDED BY: ASSOCIATE ENGINEER €) · \-=\-" ZC\S {DATE) (DATE) APPROVED BY: PWM15-94TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT STORM DRAIN REPAIRS (GARFIELD AND HARRISON) CONTRACT NO. 7550 This agreement is made on the day of i^////^/ 2015, by the City of Carlsbad, California, a municipal corporation, (herejpa^'caffe^''City''), and Planes, Boats and automobiles (PBA LTD), a limited liability company, who^^!^(fincipal olece of business is 800 Grand Avenue, Suite A-9, Carlsbad, CA 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, 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: Sherri Howard (City 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. The Prime 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. STORM DRAIN REPAIRS (GARFIELD AND HARRISON) CONT. NO. 7550 Page 1 of 6 City Attorney Approved 4/1/15 PWM1S-94TRAN 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 Califomia Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties vt/here a person knowingly submits a false claim to a public entity. These provisions include ^Ise claims made with deliberate ignorance of the false infonnation or in reckless disregard ofthe 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 daim 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 subcontracto&^rem participating in contract bidding. Signature: Print Name: REQUIRED 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 ofthe contract and must be fumished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have a cun-ent Best's Key Rating of not less than "A-:VH"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least 'A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accklental death, to any one person in an amount not less than $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than $1,000,000 Property damage insurance in an amount of not less than $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 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 the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S UABIUTY. Workers' Compensation limits as required by the Califomia Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. STORM DRAIN REPAIRS (GARFIELD AND HARRISON) CONT. NO. 7550 Page 2 of 6 City Attomey Approved 4/1/15 PWM15-94TRAN 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 ali costs and expenses including attomeys' 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, Califomia. Start Work: Contractor agrees to start within five (5) woriting days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty-five (45) wraridng days after receipt of Notice to Proceed. // // // // // // II II II II II II II II II II II II ll STORM DRAIN REPAIRS (GARFIELD AND HARRISON) CONT. NO. 7550 Page 3 of 6 City Attomey Approved 4/1/15 PWM15-94TRAN CONTRACTOR'S INFORMATION. PLANES, BOATS AND AUTOMOBILES (PBA LTD) (name of Contractor) 816826 (Contractor's license number) A, B/Exp. 1-31-17 (license class, and exp. date) 800 GRAND AVENUE, SUITE A-9 (street address) CARLSBAD, CA 92008 (city/state/zip) (760)729-7913 (telephone no.) (760)729-7913 (fax no.) pbalimited@gmail.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. CONTRACTOR PLANES, BOATS AND AUTOMOBILES (PBA LTD), a Iimitgri4[ability company Kevin Doherty / Vice President - Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Patrick A. Thom^ PublM/Vorks Director as authorized by^ne City Manager By: (sign here) Ray Files / President (print nameAitle) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ILa corporation. Agreement must be signed by one corporate officer from each ofthe following two groups: Group A Chainnan, 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, City Attorney, BY: Assistant'City Attorne STORM DRAIN REPAIRS (GARFIELD AND HARRISON) CONT. NO. 7550 Page 4 of 6 City Attomey Approved 4/1/15 leck A License - License Detail - Contractors State License Board Page 1 ol Contractor's License Detail for License # 816826 ilSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware of the following limitations. Business Information PLANES BOATS & AUTOMOBILES LTD 800 GRAND AVE #A9 CARLSBAD, CA 92008 Business Phone Number:(760) 272-1507 Entity Corporation Issue Date 01/28/2003 Expire Date 01/31/2017 License Status This license Is current and active. All information below should be reviewed. Classifications A - GENERAL ENGINEERING CONTRACTOR B - GENERAL BUILDING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with BUSINESS ALLIANCE INSURANCE COMPANY, bond Number: G201501151368 jBond Amount: $12,500 {Effective Date: 01/15/2015 bontractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) FILES GILBERT RAY certified that he/she owns 10 percent or more ofthe voting ^tock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/28/2003 Workers' Compensation This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. lEffective Date: 01/12/2015 jExpire Date: None porkers' Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses. .ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetaiLaspx?LicNum=816826 6/17/20 Public Work's Contractor Registration Search Page 1 of 1 . • Division of Labor Standards Enforcement Public Works Contractor Registration Searcli This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Ctiapter 1 (commencing witti section 1720} of ttie Califomia Labor Code. Enter at least one search criteria to display active registered pubiic wo*s contractor's) matching your selections. Registration Number; Contractor Legal Name: Contractor License Lookup License Number: 816826 .Search 1 .Resej | Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date PLANES, BOATS, AUTOMOBILES, LTD 1000018273 OTHR:816826 04/06/2015 06/30/2015 Export as: Excel | PDF ("opyright S" 2014 State of ( alifornia https://efiling.dir.ca.gov/PWCR/Search.action 6/17/2015 PWM15-94TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set fortti below Is the full name and location of ttie 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 ofthe bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be pennitted 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 ofthe Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. ofthe Califomia 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: STORM DRAIN REPAIRS (GARFIELD AND HARRISON) CONT. NO. 7550 Page 5 of 6 City Attomey Approved 4/1/15 PWM15-94TRAN EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 EA 1 Garfield Street Storm Drain - per attached proposal $3,460.00 2 EA 1 Harrison Street Storm Drain - per attached proposal $3,120.00 TOTAL* $6,580.00 "Includes taxes, fee's, expenses and all other costs. STORM DRAIN REPAIRS (GARFIELD AND HARRISON) CONT. NO. 7550 Page 6 of 6 City Attorney Approved 4/1/15 TO: SHERRI HOWARD FROM: KEVIN DOHERTY COMPANY: DATE: 5-1945 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: PHONE NUMBER: RE: Repair Storm Drain NOTES/COMMENTS: PROPOSAL Item 1 - Storm drain at Garfield New frame new grate and repair existing concrete with seca patch mortar (lead time on grate manufacturing is 3 weeks) Total labor, materials, and prevailing wage this item: $3,460.00 Item 2 - Storm drain at Harrison St (Harbor Storage Area) New 36" ring install, epoxy to existing concrete, pour 4" cap on 5'x5' box w/ rebar pins and epoxy set in existing Total labor, materials, prevailing wage this item: $3,120.00 Kfvin (DoHerty 800 GRAND AVE, STE A-9 - CARLSBAD - CA - 9200^ PH: 760/729-7913 FX: 760/729-7913 LICENSE # 816826 UJ > o DC LU o CO X CO C5 FINI LJ X :A10 X § , 1' LENGHT 31- C\J z o o DC CD < _ U. •iio Hl- Q I- >< ODC aO z < > _i< UJC5 o§ DD9 <o OI muj com << II com _i -J << cccc UJUJ i-i-<< Ul JIJ t<< O LU U CJ Q- Z (/5 CM LU 5 2 c/5 Q: LU LLj LU ZCD ."5 +IOLU Pi u, < o a m LU a: SO 5:a^ O CJ yLU3 "t-o D=>0- Qoiu <ou_m .xox O<Q£ :LU£Q-cS < z