HomeMy WebLinkAboutFerandell Tennis Courts Inc; 2012-02-15;City of Carlsbad
MINOR PUBLIC WORKS PROJECT
REQUEST FOR BID
This is not an order.
Project Manager KvIe Lancaster Date Issued:
(760) Request For Bid No.:
PKRC515
Mail To:
CLOSING DATE: Februan/27. 2012
Bonnie L. Elliott
City of Carlsbad Bid chall be dopositod in tho Bid Box located
799 Pine Avenue, Suite 200 in tho first floor lobby of the Faraday Center
Carlsbad, California 92008 locatod at 1635 Faraday Avonue, Carlsbad,
CA 92008 until ^:00 p.m. on tho day of Bid
Award will be made to the lowest responsive, closing.
responsible contractor based on total price.
Ploase uso typewriter or black ink-
Envelope MUST includo Request For Bid
No. —r
DESCRIPTION
Labor, materials and equipment to re-construction/asphalt resurface (2") - 1 (50'x90') basketball
court and reoair/resurface/expansion ioint caulking - 2 tennis courts at Laguna Riviera Park. 4900
Kellv Dr.. Carlsbad. CA 92010.
No job walk-through scheduled. Contractors to arrange site visit by contacting:
Project Manager: Kvle Lancaster
Phone No. (760) 434-2941
Submission of bid implies knowledge of all job terms and conditions.
Contractor acknowledges receipt of Addendum No. 1 ( ), 2 ( ), 3 ( ), 4 ( ), 5 ( ).
SUBJECT TO ACCEPTANCE WITHIN (90) DAYS
Name and Address of Contractor City/State/Zip
Ferandell Tennis Courts. Inc.
Name
2120 Jimmv Durante Blvd. #102
Address
Del Mar. CA 92014
Revised 09/01/09
(858) 350-3444
Telephone
(858) 350-3488
Fax
Signature
Title
Date
JOB QUOTATION
ITEM NO. UNIT QTY DESCRIPTION TOTAL PRICE
1 LS 1
Asphalt Re-construction (2") - 1 (50'x90') basketball
court at Laguna Riviera Park, 4900 Kelly Dr.,
Carlsbad. CA 92010.
$14,150
2 LS 1 Surface new asphalt basketball court slab with
"ACRYLIC SYSTEM" for true ball bounce. $4,200
3 LS 1 Repair and resurface two (2) tennis courts at Laguna
Riviera Park, 4900 Kelly Dr., Carlsbad, CA 92010.
$9,600
4 LS 1 Remove 340' of existing caulking, clean joints and re-
caulk with elastromeric caulking material.
$2,040
Grand Total $29,990
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 OthenA/ise 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. Thie City reserves tiie rigiit to conduct a pre-award inquiry to determine ttie 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:
603945
Contractor's License Number
Autlsorized Signature
Printed Name and Title
Date / \
4±A Classification(s)
Expiration Date iate / I
-2-Revised 09/01/09
TAX IDENTIFICATION NUMBER
(Corporations) Federal Tax I.D.#:
OR
(Individuals) Social Security #:
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 ofthe 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 OFWORK
TO BE
SUBCONTRACTED
SUBCONTRACTOR* MBE
Item
No.
Description of
Work
% of Total
Contract
Business Name and Address License No.,
Classification
& Expiration
Date
Yes No
m% C-32, <:/yii X
///
3Z%
/
Total % Subcontracted
* Indicate Minority Business Enterprise (MBE) of subcontractor.
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: Kvle
Lancaster (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 infomiation or in
reckless disregard ofthe truth or falsity ofthe information.
Tiie provisions of Carisbad 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 iiereby acknowledges that the filing of a false claim may be subject to the contractor to an
administrative debannent proceeding wherein the contractor may be prevented from further bidding
on public contracts for a period of up to five years and that debamnent by another jurisdiction is
grounds for the City of Carisbad to disqualify the Contractor^or^bcontractor from participating in
contract bidding.
Signature:
Print Name:
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 fonn 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
perfonnance 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
hannless the City, and its officers and erpployees, from all claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising from or in connection with the
perfonnance 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 alt claims, loss, damages, injury and tiability, 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.
California Regional Water Quality Control Board, San Diego Region
A. Contractor shall not allow any discharges from the construction site, which may have an adverse
effect on receiving waters ofthe United States.
B. Contractor shall not allow any groundwater extraction water to be discharged from construction
site except in full compliance with the General Waste Discharge Requirements for Ground Water
Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-
41) adopted by the Regional Board. Prior to submitting Bid. Contractor shall obtain a copy of
said Order No. 96-41 and review all compliance requirements therein, including monitoring,
testing, and reporting.
Revised 09/01/09
C. In the event of conflict between the Contract and Permit requirements, the most stringent
shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all
issuing agencies, and the Owner before project will be accepted and a Notice of (Completion
filed.
D. Contractor shall, at his own expense, procure any additional permits, certificates, and
licenses required of him by law for the execution of the work. He shall comply with all
Federal, State and local laws, ordinances or rules and regulations relating to the performance
of said work.
E. The Contractor shall incorporate and comply with all applicable Best Management Practices
(BMPs) during the completion of this agreement. All work must be in compliance with the
most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad
Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan
(JURMP) incorporated herein by reference.
F. The Contractor shall indicate in his submittals methods of compliance, equipment utilized to
insure compliance, training of staff and experience in compliance with environmental
regulations. If in the opinion of the project manager, the Contractor is not in compliance with
this provision CITY resen/es the right to implement BMP's to the maximum extent practical,
and deduct payment due or back charge the Contractor for implementation with a 15%
markup for administration and overhead.
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 ten (10) calendar days after receipt of Notice to Proceed.
Completion: I agree to complete work within twentv-five (25 working days after receipt of Notice to
Proceed.
CONTRACTOR:
Ferandell Tennis Courts. Inc.
CITY OF CARLSBAD a municipal
corporation of the State of California:
(name of Contractor)
Bv: (pf^^ ^^^^LALcUyJ
(sign here) nager ^ireci\s>iL^
(print name and title)
'crAr\£>^(L(l -htrints <U>uAfs, '
(address)
(telephone no.)
ATTEST:
(sign here)
(print name and title)
(address)
T>-eX v>rw CA ^2-0 K
(city/state/zip)
3SD
(telephone no.)
gs^ SSO 34fiS
(fax no.)
(e-mail address)
(Proper notarial acknowledgment of execution by Contractor must be attached.
r O *
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations. Othenwise, 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
RONALD R
BY
Revised 09/01/09
FERANDELL (8oo) 900-1344
TENNIS COURTSINC. Conrnureor'sLicensem3945
Cotporate Office • 2120 Jimmy Durante Blvd. #102, Del Mar, CA 92014 • Phone:(i$i) 350-3444 • Fax. {i5i) 350-3488
PROPOSAL/CONTRACT #tml446r3
This contract is entered into this IS*" dayof February, 2012 by and between FERANDELL TENNIS COURTS
INC. (hereinafter CONTRACTOR) and CITYOFCARLSBAD (hereinafter OWNER) at 1166 Carlsbad Village Dr
Carlsbad, CA 92008.
^ttn: Paul Harrison Phone. 760.802.7753
„ _ Cell:
Email: pauI.harrison@carlsbadca.gov Gate Code:
CONTRACTOR AND OWNER AGREE AS FOLLOWS:
CONTRACTOR shall fumish the following submitted specifications and costs, all material, labor, equipment,
transportation and perform aii work necessary for the following at LAGUNA RIVIERA PARK 4900 Kellv Or
Carlsbad, CA 92008. '
1) ASPHALT RE-CONSTRUCTION (2" ) -1 (50'x90') BASKETBALL COURT
a) CONTRACTOR to demo and dispose of 3,760 sft. of existing asphalt to 2" depth.
b) OWNER to have up to three (3) days to fumish and install 1" of base material.
c) CONTRACTOR to lay 2" deep, 3760 sft of asphalt.
d) OWNER is responsible for securing, including all related costs for permits, variances, soils reports, property
lines, access to work area, water and power. If CONTRACTOR obtains permits. OWNER is to pay all costs.
Note: Exact depth of existing asphalt unknown, bid is for removal and installation of 2" only.
EXCLUSIONS: Testing, Surfacing, Fencing, Lighting, Benches, Trash Containers, Scarify sub grade. Saturation of
sub grade. Basketball Set-up.
**ASPHALTRE-CONSTRUCnON, 2" $ 14,150** \CL^
initial
2) SURFACE ASPHALT-1 BASKETBALL COURT
a) CONTRACTOR to surface new asphalt slab with "ACRYLIC SYSTEM" for true ball bounce:
• CONTRACTOR to powerwash existing surface using a 3500 to 5000 pressure washer.
• CONTRACTOR to apply one (1) coat of sand filled acrylic resurfacer, giving surface a smooth, even, uniform
finish.
• CONTRACTOR to apply one (1) coat of sand filled acrylic color.
• CONTRACTOR to seal surface with one (1) coat of unsanded acrylic color.
• Co\xnCo\oxs Latex-ite: Key & Jump Circle - fe^ Outside - ih^f^ h^^Cr1i^/E/4
• CONTRACTOR to Stripe court as per current NCAA basketball specifications in pure white acrylic? ^
Note: if basketball court construction is performed by others, any repair work to the slabs presented to Ferandell
Tennis Courts are excluded If any repair work is needed or requested, Ferandell Tennis Courts will supply a price
at time of request.
**S URFACE NEW ASPHALT $4,200** jfeX.
initial
Ferandell Temis Co«m, Inc. Contract 4t,nl446r3 Page I of 3
3) REPAIR/RESURFACE-2 TENNIS COURTS
a) CONTRACTOR to waterblast existing surface using a 3500 to 5000 PSI hydroblaster. This will expose all surface
spalls and pop-outs, clean out existing cracks, and remove any bubbling or peeling of existing surface.
b) CONTRACTOR to jackhammer all lifting areas out, patch with rapidset concrete and grind flush with slab.
c) CONTRACTOR to patch all visible pop-outs and spalls using court patch binder, grind or sand flush with slab.
d) CONTRACTOR to fill all cracks wide enough to accept court patch binder or court flex (cracks will re-appear due
to contraction, expansion, and other existing conditions).
e) CONTRACTOR to surface playing area with the "ACRYLIC SYSTEM" for true ball bounce:
• CONTRACTOR to clean and prepare existing surface.
• CONTRACTOR to apply acrylic concrete primer to entire surface.
• CONTRACTOR to apply one (1) coat of acrylic resurfacer, giving surface a smooth, even, uniform finish.
• CONTRACTOR to apply one (1) coat of sand filled acrylic color for court speed DS ^M DP. M«' om)
• CONTRACTOR to seal surface with one (1) coat of unsanded acrylic color.
• Court Colors Latex-ite: Inside -tMK€:Q££jhJ Outside -
• CONTRACTOR to stripe court:
- two (2) courts as per current USTA specifications in pure white acrylic.
- one (1) court as per current pickleball specifications, color .
f) CONTRACTOR to paint net posts, color J)Afc/C .
**REPAIR/RESURFACE 5 9^600** 1^
initial
4) EXPANSION JOINT CAULKING-2 TENNIS COURTS
a) CONTRACTOR to remove 340' of existing caulking, clean joints and re-caulk with elastromeric caulking material.
• 140'at centeriine; 120'between courts; 80'between court & viewing area.
**ExPANSiON JOINT CAULKING $2,040**
initial
The provisions set forth upon the second page hereof and any other attached pages hereto are hereby incorporated in and
made a part ofthis CONTRACT.
Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions
conceming a contractor may be referred to the registrar ofthe board whose address is:
Contractor's State License Board, 1020 N. Street, Sacramento, CA 95814.
IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT the day and year set forth below.
OWNER ^..-CONTRACTOR
Dated: Dated:
By:
By:
Paul Ferandell, rice President
3.
NORMAL DETERIORATION OF TENNIS COURT SURFACE: CONTRACTOR shall supply and install a surface on the tennis court slabs as specified
Said suiface material ts durable, but not permanent, and will fade, erode and otherwise deteriorate over time and with use. OWNER agrees and understands that
said surface shall require replacement or refurbishment in the fiiture dependent upon the OWNER'S preference, and that this contract docs not unless otherwise
specified, include such replacement of refiirbishment. Surfacing material will not keep craclcs from appearing or reappearing
RESURFACING LIMITATION: In the resurfacing over previously coated courts, the CONTRACTOR shail not be responsible for delamination caused be
nZ'^^T^l'T I!v«^flr'Il^I°"! °' discolorations ofthe surfacing caused by the leaching of impurities from within the slab or sub grade.
BOUNDARIES: OWNER shall indicate to the CONTRACTOR the boundaries ofthe property and OWNER shall assume all responsibility for accuracy of
said description and boundaries. ^ «««vjrwi
UNKNOWN UNDERGROUND IMPROVEMENTS: Unless specifically indicated, agreed price does not include rerouting or responsibility of damage to
vents, pipes, ducts, water or sewage disposal systems or wiring conduits that may be discovered in performance of work.
Ferandell Tennis Courts. Inc. Comract Utml446r3 Page 2 of 3
5. OWNER TO PROVIDE ACCESS-DAMAGE WAIVER: Shall grant free access to work areas for workmen and vehicles, and shall allow areas for storage
of materials and rubbish. OWNER i^rees to keep driveways clear and available for movement and parking of trucks during normal work hours.
CONTRACTOR shall not be held responsible for damage to driveways, walks, lawns or shrubs by movement of trucks.
6. EXTRA WORK REQUIRED BY PUBLIC BODY: Any changes, alterations or extras form the drawings or specifications which may be required by any
public body, utility or inspector shall constitute an extra and shall be paid fbr the same as any (Ahet extra.
7. UNFORESEEN DELAYS: CONTRACTOR agrees to diligently pursue wotk though to completim, but shall not be responsible for delays for any ofthe
following reasons: acts of neglect or omissions of OWNER or OWNER'S employees or OWNER'S agents, stormy or inclement weather, strikes, lockouts,
boycotts, or other labor union activities, extra work ordered by OWNER, inability to secure materials through r^lar recognized channels, failure of OWNER
to make payments when due.
8. INSURANCE: Insurance fee (5% of payroll, min. S250) will be added, if Woricer Comp Waiver of Subrogation is required of CONTRACTOR.
9. WARRANTY: All materials and labor provided by CONTRACTOR are guaranteed for three (3) years from the date CONTRACTOR'S work is completed.
However, CONTRACTOR cannot guarantee and specifically disclaims any warranty against normal cracking of concrete within industry standards or against
concrete cracking due to causes beyond the CONTRACTOR'S control inciuding, but not limited to. Acts of God, soii subsidence/movement, inherent
characteristics of the soil, expansive soil, hydrostatic pressure, drainage problems, and reactive a^regate or contaminants in the concrete. CONTRACTOR
does not warrant against shrinkage cracks and/or spalls which appear in die concrete, and OWNER understands and acknowledges that cracks and/or spalls do
occur, and that they may affect the court's appearance. THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, AND CONSTITUTES THE SOLE WARRANTY OF CONTRACTOR TO OWNER. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES
OF FITNESS, MERCHANTABILITY, QUALITY, AND WORKMANSHIP OR OF MATERIALS EXCEPT AS SPECIFICALLY HEREIN SET FORTH. No
warranty work will be performed until the contract amount is paid in full.
10. RIGHT TO STOP WORK DUE TO NON-PAYMENT: CONTRACTOR shall have the ri^t to stop work and to keep thejob idle if payments are not made
to him when due. If the OWNER delays in making any progress payment, the CONTRACTOR may stoop work until the OWNER delivers to the
CONTRACTOR, at the OWNER'S expense, a payment bond executed by a corporate surety covering the cost of the balance of the work to be performed under
this contract.
11. LATE CHARGES: OWNER agrees to pay CONTRACTOR invoices in accordance with the terms thereon. OWNER further agrees to pay late charges of
1 '/2% per month on any amounts not paid within 30 days from date of statement, any collection expenses and attomey fees incurred in collection of this account
on any amounts not paid within 60 days from date of statement.
12. ATTORNEYS FEES: Should litigation be necessary to enforce any term or provision of this contract, or to collect any portion ofthe amount payable under
this contract, dien all litigation and collection expenses, witness fees and court costs and attomey's fees shall be paid to the prevailing party. "Prevailing Party"
shall be defined not necessarily as the party obtaining a favorable judgment, but as the party which succeeds in obtaining a judgment equal to, or in excess of
the last written offer made by that party to the other. The paragraph's purpose is to encourage the parties to resolve any disputes by settiement by the exchange
written offers thereof prior to judgment, and shall be interpreted so as to reasonably carry out that purpose.
Ferandell Teimis CourLs, Inc. Contract Uim 1446i'3 Page 3 of 3
LATEX^^ITE
Summer Red
Color chips may vary from actual color due to
sheen, lighting, age and texture.
Red
Color chips may vary from actual color due to
sheen, lighting, age and texture.
Brown
Other colors are available upon request.