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Scott Fence; 2012-03-26; PWM12-41UTIL
City of Carlsbad IVIINOR PUBLIC WORKS PROJECT CONTRACT Project Manager Clavton Dobbs Date Issued: March 26. 2012 (760) 438 2722 Mail To: Purchasing Department City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008-7314 PWM12^1 UTIL DESCRIPTION Labor, materials and equipment to install approximately 335 feet of new 5' and 6' cedar board fencing with 4x4 pressure treated posts 8 inch-wide boards, 2x4 runners, 1x4 trimming, 2x6 lap, and all fasteners are to be hot dip galvanized at two locations; 4779 Gateshead Road and 2860 Winthrop Road. Replace existing cedar boards on one 13 foot gate and one 12 foot double wide gate. Contractor will demo and haul away materials at contractors cost. CAL-OSHA safety regulations followed at both sites. No right-of-way permit necessary. Scope of work attached as Exhibit "A" No job walk-through scheduled. Contractors to arrange site visit by contacting: Project Manager: Clavton Dobbs Phone No. 760 438 2722 SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor SCOTT FENCE 760 598 0070 Name Telephone 1255 Distribution Wav 760 598 0098 Address Fax Vista CA 92081 City/State/Zip E-Mail Address t Revised 09/01/09 Name and Title of Person, Authorized to sign contrc Signa Title Name Date JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION TOTAL PRICE 1 1 Install 196 linear feet of cedar fencing including pressure-treated posts and all necessary hardware $5,488.00 2 1 Replace existing cedar boards on 13 foot wide gate $350.00 3 1 Install approximately 132 linear feet of cedar fencing including pressure-treated posts and all necessary hardware $3,696.00 4 1 Existing cedar board on 12 wide double gates $320.00 TOTAL $9,854.00 Quote Lump Sum, including all applicable taxes. Award is by total pnce. 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 resen/es 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: Scott fence 581918 Cornpany/Business Name. Authorized Signature Signature Pnnted Name and Title Contractor's License Number C-\3 Classification(s) UI3o|Zoi3 Expiration Date Date TAX IDENTIFICATION NUMBER (Corporations) Federal Tax I.D.#:. 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 SUBCONTRACTOR* MBE Item No. Description of Work % of Total Contract Business Name and Address License No., Classification & Expiration Date Yes No NONE Total % Subcontracted: 0% 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 bv: Clavton 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 concem. 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 Contfactor or subcontractor from participating in contract bidding. Signature: Print Name: ScoVV 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 ofthe 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 ofthis agreement is San Diego County, California. Start Work: I agree to start within IH working days after receipt of Notice to Proceed. Completion: I agree to complete work within 8 working days after receipt of Notice to Proceed. CONTRACTOR: SCOTT FENCE CITY OF CARLSBAD a municipal corporation of the State of California: By: See attached California All-Purpose Acknowledgment By: Utilities Director (print name and title) (e-npail address)) 5950 El Camino Real, Carlsbad CA 92008 (address) 760 598 0070 (telephone no.) By: (sign here) \LtA- StoVV (print name and title) (address) (city/state/zip) (telephone no.) (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 BY: eputy Crty-Attorn Revised 09/01/09 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of f^gjn. hi'^jp frpril n'^,20{Z before me, f • U . Vh^ - pi^s^,,^ ?udbUr (Here insert name and title f)f the officer) personally appeared Sf i'llscm Ut'fSr^ff • who proved to me on the basis of satisfactory evidence to be the personj^whose namej^is/ate^subscribed to the within instrument and acknowledged to me that he/sh©/tkey executed the same in his/hef/their authorized capacity(i€S), and that by his/her/their signature^sfon the instrument the person(8)-, or the entity upon behalf of which the personj^8)^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califoraia that the foregoing paragraph is true and correct. ^.^^ WITNESS my hand and official seal. Signature of PJotary Public (Notary Seal 1 OFFICIALSEAL p M PARIKM NOTARYPUklScALIFORNIA^ COMM. NO. 1847353 5? SAN DIEGO COUNTY • MY COMM. EXP. MAY2 2013 I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Titie or description of attached document) ^TAm/^r> Scott Pc^cc (Title or description of attached document continued) Number of Pages ^ • Document Date ^ I 7/fl. (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) /Kf Corporate Officer Ou<rf\^ (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) '• Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears aboye in the notaiy section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California, hi such instances, any alternative acknowledgment verbiage as may be printed on such a docimient so long as the verbiage does not require the notaiy to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary sea! impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ^ EXHIBIT A Scott 1255 Distribution Way • Vista, CA 92081 (760) 598-0070 • Fax (760) 598-0098 CALIFORNIA LICENSE G-13581918 - LOUISIANA LICENSE Offices: CaWs6a4 California; PonAnHu, Texas; B.ton Rouse. New Orleans^ L.f^yeUe. Loolisn'Cr.n, C..r..n We. Mes f PROK)SALSUBMinEDTO I 7 — P-:...- vwesi inaies Since 1956 'ROK)SAL SUBMinEDTO ^ ~7~ JOB NAME ~~ ^ » f y ^ CITY, STATE AND ZIP CODE JOB LOCATION W, h.rDb, propose ip iu,„|.|, m„„isis ,„„ |,tp, „,(, co„pi„io„ 1 tOK. ^^^^^^7Z:ZZJyJi^Lt^^ZKIM^^ WARPm. SPLirriNG, ™TIMG AMD SlS^ dollars ($ Payment to be made as follows: iiowsiyi yi ——— lbS'c^llrjr.f°rL?"?;''^l^l=^ withdrawn by us if not ac be accepted within days Date of Acceptance: • ~ Signature