HomeMy WebLinkAboutDuke's Root Control Inc; 2011-05-03; PWM11-41UTILPWM11-41UTIL
City of Carlsbad
MINOR PUBLIC WORKS
Contract
Project Manager Clay Dobbs Date Issued: Wa<J 3^.
(760)438-2722
Mail To:
Purchasing Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92006-7314
Award will be made to the lowest responsive,
responsible contractor based on total price.
DESCRIPTION
Labor, materials and equipment to remove roots from City of Carlsbad sewer main lines in various
locations crtywide.
Site locations will be provided by project manager along with the corresponding map book.
All Cal OSHA regulations will be followed.
Contractor will acquire a right away permit and be responsible for all traffic control
Price not to exceed $18,900.00
Work to be completed within 30 days of Notice to Proceed.
Project Manager: Clay Dobbs
Phone No. 760-438-2722
Submission of bid implies knowledge of all job terms and conditions.
SUBJECT TO ACCEPTANCE WITHIN (90) DAYS
Name and Address of Contractor
Duke's Root Control, Inc. 1-800-447-6687
Name Telephone
1020 Hiawatha Bivd West 1-315-475-4203
Address Fax
Syracuse, NY 13204 bUIOduksacom
City/State/Zip E-Mail Address
-1 - Revised 09/01/09
Name and Title of Person Authorized to sign
contracts.
Signa
William J. Anderson
Vice President
Name
Title
February 25. 2011
Date
JOB QUOTATION
ITEM NO.
1
UNIT
Job
QTY
$1 .05/per
ft.
DESCRIPTION
Removal of roots from approximately
18,000 linear of feet sewer main pipeline.
TOTAL
TOTAL PRICE
$18,900.00
$18,900.00
Quote Lump Sum, including all applicable taxes. Award is by total price.
Evaluation and Award. Bids are binding subject to acceptance at any time within 90 days after
opening, unless otherwise stipulated by the City of Carlsbad. Award will be made by the Purchasing
Officer to the lowest, responsive, responsible contractor. The City reserves the right to reject any or
all bids and to accept or reject any item(s) therein or waive any informality in the bid. In the event of a
conflict between unit price and extended price, the unit price will prevail unless price is so obviously
unreasonable as to indicate an error. In that event, the bid will be rejected as non-responsive for the
reason of the inability to determine the intended bid. The City reserves the right to conduct a pre-
award inquiry to determine the contractor's ability to perform, including but not limited to facilities,
financial responsibility, materials/supplies and past performance. The determination of the City as to
the Contractor's ability to perform the contract shall be conclusive.
SUBMITTED BY:
Duke's Root Control. Inc.827327
Name
William J. Anderson
Printed Name and Title
February 25. 2011
Contractor's License Number
C61 / C64
Classification(s)
November 30. 2011
Expiration Date
Date
TAX IDENTIFICATION NUMBER
(Corporations) Federal Tax I.D.#: 75-3026801
OR
(Individuals) Social Security*:
-2-Revised 09/01/09
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).
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:
0
* Indicate Minority Business Enterprise (MBE) of subcontractor.
-3-Revised 09/01/09
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
(Less than $30,000)
Labor:
I propose to employ only skilled workers and to abide by all State and City of Carlsbad Ordinances
governing labor.
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. 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: William J. Anderson. Vice President
- 4 - Revised 09/01/09
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 09/01/09
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 15 working days after receipt of Notice to Proceed.
Completion: I agree to complete work within 15 working days after receipt of Notice to Proceed.
CONTRACTOR:
Duke's Root Control, Inc.
CITY OF CARLSBAD a municipal
corporation of the State of California:
(name of Contractor)
William J. Anderson. Vice President
(print name and title)
bill@dukes.com _
(e-mail address))
By:li
Utilities Director
5950 El Camino Real. Carlsbad. CA 92008
(address)
760-438-2722
(telephone no.)
ATTEST:
LORRAINE M. WOOD
City Clerk
(sign here)
Constance Wozniak. Secretary/Treasurer
(print name and title)
1020 Hiawatha Blvd West
(address)
Syracuse. NY 13204
(city/state/zip)
315-472-4781
(telephone no.)
315-475-4203
(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
-6-Revised 09/01/09
174910.1
CERTIFIED COPY OF RESOLUTION
OF
DUKE'S ROOT CONTROL, INC.
The undersigned, being the Secretary of the Corporation, herby certifies that the following is a true and
correct copy of resolutions adopted at the annual joint meeting of the sole Shareholder and Board of Directors of
DUKE'S ROOT CONTROL, INC. held on December 9, 2002.
The Chairman stated that the next order of business to come before the meeting was to discuss the
authorization of each of Michael Hogan and William Anderson to execute any and all bids with third-party entities
on behalf of the Corporation. Upon motion duly made, seconded and unanimously adopted, it was
RESOLVED, That each of Michael Hogan and William Anderson are hereby authorized and
directed to execute any and all bids with third-party entities on behalf of the Corporation, and it was
FURTHER RESOLVED, That each of Michael Hogan and William Anderson are herby authorized
and directed and to execute such other contracts, agreements and documents and take any and all other
actions necessary to effectuate the above-approved Resolution and that such resolution has not been
modified, repealed or rescinded and is in full force and effect as of the date of this certification.
Duke's Root Control, Inc
1020 Hiawatha Blvd West
Syracuse, NY 13204
Constance Wozniak, Sectary Date
SUBSCRIBED and SWORN to before me this '/Jb day of V~eryriX£MCU , 20J1
NOTARY PUBLIC '
[¥ COMMISSION EXPIRES:GAIL A, DASLEY
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN ONONDAGA COUNTY
MY CO WVTSSiON EXPIRES APRIL 15,20.1^
COMMISSION NO.: