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HomeMy WebLinkAboutMiracle Playground Sales Inc; 2002-01-30;City of Carlsbad MINOR PUBLIC WORKS PROJECT REQUEST FOR BID This is not an order. Project Manager Scott Carroll Date Issued: Seotember 5.2001 (760) 434-2992 Request For Bid No.: PKS 02-03 Mail To: CLOSING DATE: NIA General Services Department City of Carlsbad Bid shall be deposited in the Bid Box located 405 Oak Avenue in the first floor lobby of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, Carlsbad, California 92008 CA 92008 until 4:00 p.m. on the day of Bid Award will be made to the lowest responsive, closing. responsible contractor based on total price. Please use typewriter or black ink. Envelope MUST include Request For Bid No. DESCRIPTION Labor, materials and equipment to remove existing tot lot eauioment oieces at Poinsettia COnTiIUnitv Park and reolace with new tot lot eauioment pieces that conform with safetv standards and with Americans with Disabilities Act (ADA) standards. No job walk-through scheduled. Contractors to arrange site visit by contacting: Project Manager: Scott Carroll Phone No. (760) 434-2992 Submission of bid implies knowledge of all job terms and conditions. Contractor acknowledges receipt of Addendum No. 1 W, 2 W, 3 u, 4 (-), 5 0. SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor Temecula. Caliiomia 92590 Miracle Plawround Sales Name Cily/State/Zip 27464 Commerce Center Drive. #I Address -1 - Revised Y1 a00 Telephone m, 264-7225 FaX @09,676-8706 Name and Title of contracts, Title Date JOB QUOTATION Quote Lump Sum, including all applicable taxes. Award is by total price. opening, unless otherwise stipulated by the City of Carlsbad. Award will be made by the Purchasing Evaluation and Award. Bids are binding subject to acceptance at any time within 90 days after 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@) 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 award inquiry to determine the contractor's ability to perform, including but not limited to facilities, reason of the inability to determine the intended bid. The City reserves the right to conduct a pre- financial responsibility, materialdsupplies and past performance. The determination of the City as to the Contractor's ability to perform the contract shall be conclusive. SUBMIUED BY 3/0- Printed Nde ahd Title Expirdtion Date Date: q!/z/a / 2- Revised 91 O/OO TAX IDENTIFICATION NUMBER (Corporations) Federal Tax I.D.#: 3 5 - LJ 70s/ s’ OR (Individuals) Social Security #: -3- DESIGNATION OF SUBCONTRACTORS Set forth below is the full name and lmation 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 subcontractor 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 exces 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 SUBCONTRACTOR' MBE TO BE ~. ~~ SUBCONTRACTED Total % Subcontracted: a? 4 * Indicate Minority Business Enterprise (MBE) of subcontractor. -4- Revised Ylo/Oo CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT (Less than $25,000) Labor: governing labor, including paying the general prevailing rate of wages for each craft or type of worker I propose to employ only skilled workers and to abide by all State and City of Carlsbad Ordinances needed to execute the contract. Guarantee: directions and subject to inspection approval and acceptance by: Scott Carroll I guarantee all labor and materials furnished and agree to complete work in accordance with (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 We, a current copy of the applicable wage rates in 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. False Claims contract process as set forth in this agreement and not in anticipation of litigation or in conjunction Contract hereby agrees that any contract claim submitted to the City must be asserted as part of the 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 contract bidding. grounds for the Cii of Carlsbad to disqualify the Contractor or subcontractor from participating in -5- Revised Ul WOO Signature: DO Print Name: I Commercial General Llablllty, Automobile Llablllty and Workers’ Compensatlon Insurance: The sucwssful 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 insurefs 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 penon 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 noti 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 liabilityof 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. -6- Revised 91 WOO 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 y'c; working days after receipt of Notice to Proceed. Completion: I agree to complete work within id working days after receipt of Notice to Proceed. CONTRACTOR: CITY OF CARLSBAD a municipal 405 Oak Avenue, Carlsbad, CA 92008 (760) 434-2862 5 +e4 _. P,,, . (print name and title) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant tmawrer must sign for corporations. Otherwise, ttre corporation must attach a resolution certifii by the corporation.) secretary or assistant secretary under corporate seal empowering the offiier(s) signing to bind the APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: /[ I /Y&d%w Deputy City Attorney -7- Revised 91 o/Oo L p0C.e =personally known to me -OR- 0 roved to me on the evidence to be the gasis of satisfactory person(s1 whqse name(s) dare subscrlbed to the acknowledged to me that within instrument and same in hislherltheir helshelthey executed the authorized capacitylies), and that by hislherltheir signature(s1 on the Instrumentthe person(s1, or the entity upon behalf of which the person(s1 acted, executed the instrument. Witness my hand and official seal. ISEAU ISIGNANRE OF NOTARY1 uvzcl u ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. TO THE DOCUMENT Nunbaol Paws - om Of D0sunonl DESQIIBED AT RIOHT Sorrr1.l othr Thm Nrnd A~OH RIOHT THUMBPRINT IOpUmdI CAPACITY CLAIMED BV SIONERlSl OHDIVIDUALISI OCORPORATE DFFlCERlSl OPARTNERISI OLIMITED mum OOENERAL OATrORNM H FACT OTRUSTEEISI OOTHER: 0GUAROIANICONSERVATOR RIGHT THUMBPRINT I0pUon.l) CAPACITY CLAIMED IV SIONERISI OINOIVIDUALISI OCORPORATE OFFICERIS1 mum OPARTNERISI OLIMITED OAUORNEY m FACT OOENERAL OTRUSTEEISI OOTHER: OOUAROIANICONSERVATOR SIGNER IS REPRESENTINO: INmn 01 h~nW or EnWlbsl SEP- 5-01 WED 1124 PM COMMUNITY SERVICE FAX NO. 6194347185 P. 3 07/0l/200? IZY Of Carlsbad $s addd as additional insurd as respects general liability fop the product of the mud. he GMWal Liability policy is Primry and Na-contributory. (See attached endorsement) ,, 01/24/2002 12:ll FAX 9096768706 HIRACLEPUYGROUND @003/004 , 01/24/2002 14:34 MIRACLE + SPENCE KELLY M3.835 mm .'$tN-%?-.?~,W I.,: 53 . IMPORTANT DISCIAWER 01/24/2002 12:12 FAX 9096768706 lYIRACLEPLAYGROUND 01/24/2082 14:34 MIRFICLE -f SPENCE KELLY ~004/004 NO. 835 mm THIS ENDORSEMENT CHANGES ME POUCY. PLEASE READ IT CAREFULLY, ADD(TI0NAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies Inauranoe provldad undar the fOllOwi~g: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organizatlon: AS PER WRITTEN CONTRACT If no envy agpeacs above, information requited to complete thlr endorsement wlll be shuwn in the Oeclarations a3 appficabla to this endorsement WHO IS AN WSURED (Sedion 11) is amended to indude as an insured the person or organ1za:ion shown In the Schedule, but only wlth respect to Yabllity arlslng out of "your work" for that insured by or for you. It is hither agreed that such Insurance as Is atforded by thls policy for the benefit of the Additional Insured shown shll be primary insurance, and any other Insurance maintained by the Additional Insured shall be exzess and non-contributory, but only as respects any clalrn. loss or liability arising out of be operations olthe Named Insured, end only if such claim, loss rJrliablllty Is determined to be solely the negligence or responsibility of the Nemed Insured. This covemge is limited to "your w0t-X" completed withln the poiicy pwicd. "Insureds are advised that certificates of insurance rhuuld be used only to provlde evidence of Insurance in llsu of an actual copy of the applicable inslrranw poPcy. CeNflwtes should not he used to amend, expand, or otherwise alter the terms opthe actual policy." ! 1 mTRL P.03