HomeMy WebLinkAboutMusco Corporation; 2014-12-14; PKRC541Tracking #:
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
POINSETTIA PARK FIELDS #1 AND #3 BALLAST REPLACEMENT; PKRC541
This agreement is made on the lO~f^^ day of &vv^Jci'^Ar^ 20 by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and MUSCO
CORPORATION whose principal place of business is 100 1^' Avenue West P.O. Box 808 Oskaloosa, IA 52577
(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: Kvle Lancaster
(City Project Manager)
PREVAILING WAGES NOT REQUIRED. The City ofCarlsbad 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.
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 of the 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.
C. In the event of conflict between the Contract and Pemiit requirements, the most stringent shall
prevail. All pemnit 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
POINSETTIA PARK FIELDS 1 & 3
BALLAST REPLACEMENT; PKRC541 Page 1 of 6 City Attomey Approved 2/7/13
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current San Diego Regional Water Quality Control Board (RWQCB) pennit, 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
reserves 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.
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
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 subject the Contractor to an
administrative debamnent proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and thajjjebamnent by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor^syb6opti^ctor from 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 fomn approved by the California Insurance Commission.
The certificates shall indicate coverage during the period ofthe 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 iess 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 clauses providing that thirty (30) days written notice shall
be given to the City phor to such cancellation.
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The policies shall name the City of Carlsbad as an 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.
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 working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within working days after receipt of Notice to
Proceed.
POINSETTIA PARK FIELDS 1 & 3
BALLAST REPLACEMENT; PKRC541 Page 3 of 6 City Attorney Approved 2/7/13
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CONTRACTOR'S iNFORMATION.
Musco Corporation
(name of Contractor)
797757
(Contractor's license number)
c-10, July 31, 2015
(license class, and exp. date)
100 1st Avenue West
P.O. Box 808
(street address)
Oskaloosa, IA 52577
(city/state/zip)
800.825.6030
(telephone no.)
641.673.4852
(fax no.)
liqhtina@.musco.com or
Troy.Shilling@musco.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 temns and conditions of this Agreement.
CONTRACTOR
By: ^
CITY OF CARLSBAD, a municipal corporation
of the State of California
^ (sign here)
Doug Yates, Vice President
(print name/title)
By.
(::;^sign here)
James M. Hansen, Secretary
(print name/title)
or, Doputy City Monoger
'OT Department Director
as^^thoriz^ b'^e City Manager
BARBARA ElUGL
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
corporation. Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
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:
CELIAf. BREWER, CityAttorney
BY:
Assistant City Attonpey
POINSETTIA PARK FIELDS 1 & 3
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
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 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 perfomned 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 ofthe 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
Portion of Project to
be Subcontracted
Business Name and Address License No.,
Classification &
Expiration Date
%of
Total
Contract
Total % Subcontracted:
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EXHIBIT B
JOB QUOTATION
ITSM
NO.
UNIT QTY OESCRIPTION PRICE
1 Unit 1
Musco tech to replace 28 ballast on field #1 and
14 ballast on field #3 at Poinsettia Community
Park $12,194.00
TOTAL* $12,194.00
'Includes fees, expenses and all other costs; excludes taxes.
POINSETTIA PARK FIELDS 1 & 3
BALLAST REPLACEMENT; PKRC541 Page 6 of 6 City Attomey Approved 2/7/13
STATE OF IOWA )
COUNTY OF MAHASKA )
The foregoing instrument was acknowledged before me this 19* day of November, 2014 by
Doug Yates, Vice President of Musco Corporation, an Iowa corporation, on behalf of the
corporation. He is personally known to me.
Notary Public
Print Name: Melinda K. Walter
MELINDA K. WALTER
Notarial Seal - Iowa
Commission # 746584* .1), 1
, My Commission Expires •Y/V**///!
STATE OF IOWA )
COUNTY OF MAHASKA )
The foregoing instrument was acknowledged before me this 19* day of November, 2014 by
James M. Hansen, Secretary of Musco Corporation, an Iowa corporation, on behalf of the
corporation. He is personally known to me.
Notary Public
Print Name: Melinda K. Walter
Ok mt tk
MELINDA K. WALTER
Notarial Seal - Iowa
Commission # 746584 /,
My Commission Expires ^/<^l\l p
iwirtiiiliiiij'y^jll
Poinsettia Park (SVC-361352)
City of Carlsbad
Carlsbad, CA
Date: October 28,2014
Attention: Paul Meadows
Quotation Price
The fee for sen/ices rendered including labor, lift and materials $12,194.00** Plus applicable sales tax.
**This quote does not include prevailing wage rates. It is City of Carlsbad's responsibility to notify Musco if prevailing wage applies
to tfiis project and to supply Musco with the applicable wage rates. If this project is subject to prevailing wage requirements, Musco
will provide a revised Quote which includes the appropriate wage rates.
Scope of SerWce
Musco proposes the following service:
• Musco tech to replace (28) ballast on field #1 and (14) ballast on field #3
In connection with the Services, Musco will provide basic materials consisting of (42) Musco 1500 watt ballast. If additional time or materials
are needed to complete the Project, Musco will obtain Customer's consent before proceeding.
Notes
Reasonable access to all poles with construction-sized lift if required.
Ground protection (plywood) and assistance to move, if needed, provided by owner.
Environmental Compliance Notice
HID lamps contain mercury (Hg), a hazardous substance that is regulated by state and/or federal law, and must be managed according to
disposal laws. HID lamps removed from sen/ice contain mercury and will have transport arranged for delivery to a recycling facility.
Payment Terms
Payment terms net 30 days from delivery. Late payment will be subject to service charges of 1 V2% per month (18% APR). Any
additional materials needed will be charged at an additionai price. In addition, City of Carlsbad shall pay and be responsible for when due all
local applicable sales, use, franchise, gross receipts, or similar taxes relating to this Agreement. If any payment Is not made when due,
Customer will pay a delinquent charge of 1-1/2% for each month, or a portion of month, that a past due balance remains unpaid. Customer
agrees to pay all cost (including reasonable attorney's fees and court costs) associated with collecting any delinquent amounts due. Freight
Charges have been included in the above prices. Sales tax is NOT included as part of this quote.
Licenses and Permits
MUSCO, a non-union organization, requires City of Carlsbad to arrange and secure all licenses, permits and/or applicable labor contracts with
local authorities. MUSCO shall not be held responsible for local union labor and any permits, if required.
Nonliability
Before Musco enters the Property to set up its equipment under this Agreement, Customer must notify Musco of any landscaping or surface
areas that are to be avoided by Musco in setting up its equipment. Absent Musco's negligence or willful misconduct, Musco is not, at any time
or to any extent, liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property, from any cause
that at any time may be suffered or sustained by Customer, or by any person on or about the Property arising out of the entry or activities on
the Property by Musco, or any person or persons permitted on the Property by Musco.
Prices are good for acceptance and delivery for 90 days only, unless such time is extended in writing. If you have any questions regarding the
quotation, please call me at 800-825-6020 .
Sincerely,
Troy Shilling
Lighting Services Sales Manager
Musco Sports Lighting
800-825-6020
888-397-8736 fax
troy.shilling@musco.com