HomeMy WebLinkAboutSpiess Construction Co Inc; 1999-06-01;0
!!If4 0 7 9999
ENGINEERING
DEPARTMENT
I
June 1, 1999
TO: PURCHASING OFFICER 67
DEPUTY CITY CLERK
FROM: Buyer
SIGNATURE REQUEST FOR A MINOR PUBLIC WORKS CONTRACT
Attached is a minor public works contract for routing and execution. Thank you.
KEVIN DAVIS
Attachment
/Hf
b-9
I l=Loce PAX-s)
e 0 DESIGNATION OF SUBCONTRACTORS
Set forth below is the full name and location of the place of business of each sub-contractor whom
contractor proposes to subcontract portions of the work in excess of one-half of one percent of the total t
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 wori
be performed under the contract in excess of one-half of one percent of the bid, the contractor SI
be deemed to have agreed to perform such portion, and that the contractor shall not be permittec
sublet or subcontract that portion of the work, except in cases of the public emergency or necess
and then only after a finding, reduced in writing as a public record of the Awarding Authority, setl
forth the facts constituting the emergency or necessity in accordance with the provisions of
Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Pul
Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
Total % Subcontracted: -8.
* Indicate Minority Business Enterprise (MBE) of subcontractor.
-3- 03/22/99
0 0 CARLSBAD MUNICIPAL WATER DISTRICT
MINOR PUBLIC WORKS CONTRACT
(Less than $25,000)
Labor:
I propose to employ only skilled workers and to abide by all State and City of Carlsbad Ordinances goverr
labor, including paying the general prevailing rate of wages for each craft or type of worker needec
execute the contract.
Guarantee:
I guarantee all labor and materials furnished and agree to complete work in accordance with directions
subject to inspection approval and acceptance by: William E. Plummer. P. E.. Proiect Enaineer.
Wage Rates:
The general prevailing rate of wages for each craft or type of worker needed to execute the contract sha
those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.
the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage r
in on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay
than the said specified prevailing rates of wages to all workers employed by him or her in execution 01
con tract.
Workers' Compensation:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be ins1
against liability for Workers' Compensation or to undertake self-insurance in accordance with the provis
of that code, and I will comply with such provisions before commencing the performance of the work of
con tract. CTtOrJ, c.0) XK-4 5wr&
Signature:
PrintName: 5CUfT 4 . COEMW: b'% u. P.
-4- 03/22/99
e 0 Commercial General Liability and Automobile Liability Insurance:
The successful contractor shall provide to the Carlsbad Municipal Water District, a Certificatior
Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensz
Insurance indicating coverage in a form approved by the California Insurance Commission. The certifici
shall indicate coverage during the period of the contract and must be furnished to the District prior to the !
of work. The minimum limits of liability Insurance are to be placed with insurers that have: (1) a rating in
most recent Best‘s Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact
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 ir
amount not less than ............................................................................................................................... $500.
Subject to the same limit for each person on account of one accident in an amount not less than ..... $500.
Property damage insurance in an amount of not less than .................................................................. $100,
Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily in
and property damage. In addition, the auto policy must cover any vehicle used in the performance of
contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or r
scheduled. The automobile insurance certificate must state the coverage is for “any auto” and canno
limited in any manner.
The above policies shall have non-cancellation clause providing that thirty (30) days written notice shal
given to the District prior to such cancellation.
The policies shall name the Carlsbad Municipal Water District as additional insured.
Indemnity:
The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harm1
the City and the District, and its officers and employees, from all claims, loss, damage, injury and liabilit
every kind, nature and description, directly or indirectly arising from or in connection with the performancc
the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable I
rules or regulations including those related to safety and health; and from any and all claims, loss, damas
injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of
work covered by the Contract, except for loss or damage caused by the sole or active negligence or wi
misconduct of the City or the District. The expenses of defense include all costs and expenses incluc
attorneys’ fees for litigation, arbitration, or other dispute resolution method.
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any dispi
between the parties arising out of this agreement is San Diego County, California.
-5- 03/22/99
0 0
Start Work:
Completion:
I agree to start within 10 working days after receipt of Notice to Proceed.
I agree to complete work within a8 working days after receipt of Notice to Proceec
CONTRACTOR: CARLSBAD MUNICIPAL WATER DlSTRlC
Public Agency organized under the Munic SPfEGh h5TWTLoEd co.,mc. Water Act of 191 1, and a Subsidiary Distric
By: (SM here)
(print name and title)
P,Q. 0Q% 2,5544
5~~x7- A. COLE^, lkei: d+ p.
(address)
(telephone no.)
(address ) [760) 438-2722
%A MA@A, &. 9457-284-9
(city/s tate/zi p)
Warning: This does not constifufe a coni
You are not aufhorized to start work until i have received a signed Purchase Order.
$05- 931- 5859
2%- 4 34- 443 2.
(telephone no.)
(fax no.)
ATTEST:
KAREN R. KUNDTZ, Assistant Secre
(Proper notarial acknowledgment of execution by
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal empowering the
oficer(s) to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this agreement.)
must be attached.)
APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
BY
-6- 03/22/99
0 0
CERTIFICATE OF RESOLUTION
Board of Directors Spiess Construction Co.,
Upon motion duly made, seconded and unanimously carried, the foIlowing resolution
adopted :
RESOLVED, that any of the following persons, FREDERICK W. SPIESS, Presk
MARVIN B. CARTER, Vice-president; ELENA ALBERTONI, Secretary/Treasurer;
SCOTT A. COLEMAN, Assistant Vice-president; acting together or individually, are he
authorized to bid on any private or public works construction project on behalf of
Corporation; are authorized and instructed to execute such applications, bid proposal fo
and other documents as may be necessary and on behalf of said corporation.
I, Elena Albertoni, do hereby certify that I am the duly elected and qualified Secre
and the Keeper of the records and corporate seal of Spiess Construction Co., Inc
corporation organized and existing under the laws of the State of California, and that the at
is a true and correct copy of a resolution duly adopted at a meeting of the Board of Direr
thereof, convened and held in accordance with law and the Bylaws of said Corporatioi
October 10, 1995, and that such resoliition is now in full force and effect.
IN WITNESS WHEREOF, I have affixed my name as Secretary and have cause(
corporate seal of said Corporation to be hereunto affixed, this 10th day of October 1995.
) 3
1 Elena Albertoni, Secretary
0 0 hill MID-STATE BANK
CALIFORNIA ALL-FURPOSE ACKNOWLEDGMENT
County of Santa Barbara
On 05-24-99 before me, Joanne Collins, Notary hblic, personally appeared Scott Coleman,
personally known to me - OR - [7 proved l
the basis of satisfactory evidence to be the 1
whose name(s) idare subscribed to the within in
and acknowledged to me that he/she/they exec
same in his/her/their authorized capacity(ies), ant
his/her/their signature@) on the instrument the p
or the entity upon behalf of which the person(
executed the instrument.
WITNESS my hand and official seal.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUME
Request for Bid
Title or Type of Document Scott Coleman, AVP
Title
Number of Pages
04-29-99
Date of Document
Absent Signer (Principal) is Representing: Signer(s) Other Than Name(s) Abovi
ADM-005 (02/98)
AZ #119975 CA #333989 NY Miroo38929
, - Santa Maria, CA. 934
29 April 1999 % :I Fax (805) 9 S (805) 9
.T
-E.
Carlsbad Municipal Water District 5950 El Camino Real .-
Carlsbad, CA 92008-8893
Attn: Mr. Bill Plummer
Re:
!4-
Repairs to “Dl” Recycled Water Steel Tank Reservoir
CMWD Project No. 97-109
Subj: Proposal
Gentlemen:
On behalf of Spiess Construction Co., Inc., we are pleased to offer to you our proposal t
furnish the men, equipment, supervision, insurance, etc. to provide the items of work, a:
outlined in your letter dated April 22, 1999, except as noted below.
For the lump sum price of: $19,889.00
Note: The above price does not include any grouting under the floor plates next to the
drain outlet. It does, however, include to price to cut an inspection hole and to cover the
same back after the area has been inspected. If, after inspection, it is determined that
grouting is necessary, we will provide non-shrink grout to fill the void, up to 5 c.f. in size,
for the additional lump sum price of: $1,800.00
CONDITIONS:
0 Permits licenses and fees are not required or included.
0 Our price is based on power tool cleaning of the tops and sides of the rafter top repai
plates and application of one coat of “Aquata-poxy” plural component epoxy. No othe
steel surfaces are required to be cleaned or coated. See attached data sheets.
0 Others, if required, shall perform exterior painting and interior coating and lead paint
removal, prior to our arrival.
0 We consider the tank to be by definition a non-confined space and no confined space
attendant is included. Should it be determined that one is needed we can provide on(
for an additional $37.50 per hour.
Spiess Construction is a non-union, open shop contractor.
e
April 29, 1999
CMWD
Page two
TERMS:
0 Payments are to be made in monthly installments for the work performed in the
preceding month, on or before thirty days after receipt of invoice.
0 A 1.5% per month finance charge will be billed for late payments.
0 The above prices are firm if accepted within a period of thirty days from the propos
date.
SCHEDULE:
e Upon receipt of written acceptance of this proposal or purchase order, we will proc
the necessary materials. Work will scheduled to commence as soon as it is mutuz
convenient. Once we have started, we will work continuously until the work is
completed. We anticipate that it will take less than two weeks to complete the worl
We hope that this proposal is clear and complete. Should you have any questions or
need further information, please do not hesitate to call.
Sincerely,
Spiess Construction Co., Inc.
Barry &lfi* L. Matchett
Tank Division Manager
Encl.
C:hsw\Bids\Repairs\Carlsbad