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HomeMy WebLinkAboutTomark Sports Inc; 2006-05-16;CITY OF CARLSBAD ZONE 5 PARK NETTING REQUEST FOR BID Project Manager Paul Meadows Date Issued: March 14. 2006 (760) 434-2922 Award will be made to the lowest responsive, responsible contractor based on total price. DESCRIPTION Labor, materials and equipment to install protective netting and chain link extensions to the existing backstop at Zone 5 Park. No job walk-through scheduled. Contractors to arrange site visit by contacting: Project Manager: Paul Meadows Phone No. 760-434-2922 Submission of bid implies knowledge of all job terms and conditions. SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor Tomark Sports. Inc. 1 -800-959-1844 Name Telephone P.O. Box1088 1-951-278-9976 Address Fax Corona. CA. 92878 pault@tomark.com City/State/Zip E-Mail Address -1- Revised QMW2 Name and contracts of Person Authorized to sign Signature Thomas C. White Executive Vice President Tie Name Date JOB QUOTATION ITEM NO. 1 UNIT Lump Sum QTY 1 DESCRIPTION Install (2) each 25' by 6" schedule 40 poles. Install protective netting over existing backstop and down 3rd base line. TOTAL PRICE $10,748.82 Ten Thousand Seven Hundred Forty Eight Dollars and Eighty Two Cents. $10,748.82 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 reserves 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: Tomark SpofttS Inc. CompanyMrfslness Najne 842972 AjXrTorized Signature Thomas C. White Exec VP Printed Name and Title Contractor's License Number C61 / D34 Classification(s) 7/31/2006 Expiration Date Date TAX IDENTIFICATION NUMBER (Corporations) Federal Tax I.D.#:20-0484819 OR (Individuals) Social Security #: -2-R0vised 03/13/02 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 Item No. Description of Work SUBCONTRACTOR* % of Total Contract Business Name and Address None License No., Classification & Expiration Date MBE Yes No Total % Subcontracted: 0 * Indicate Minority Business Enterprise (MBE) of subcontractor. -3-Revteed 03/13/02 CITY OF CARLSBAD ZONE 5 PARK NETTING MINOR PUBLIC WORKS CONTRACT Labor: I propose to employ only skilled workers and to abide by all State and City of Carlsbad Ordinances governing labor, including paying the general prevailing rate of wages for each craft or type of worker needed to execute the contract. 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: Paul Meadows (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 Code, 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 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 Contractor/xJp'subcontractor<from participating in contract bidding. Signature: Print Name: Thomas C. White -4- Revised 03/43/02 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 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 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: I agree to start within 5 working days after receipt of Notice to Proceed. Completion: I agree to complete work within 5 working days after receipt of Notice to Proceed. - 5 - Revised 03/13/02 CONTRACTOR: CITY OF CARLSBAD a municipal corporation of the State of California:Collegiate Pacific,Inc DBA Tomark Sports, I Re (name o^ontractor) By: x#^ign fiere) ~ ^Assistant City Manager Thomas C. White, Exec. VP (print name and title) renas@tomark.com (e-mail address)) By: (sign here) (address) (telephone no.) ATTEST: LORRAINE M. City Clerk (print name and title) PQ Box 1088. Corona, CA 92878 (address) (city/state/zip) 800-959-1844 (telephone no.) 951-372-1269 (fax no.) (e-mail address) (Proper notarial acknowledgment of execution by Contractor must be attached, '-p 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: ley Deputy City Attorney -6-Revised 03/13/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countv of f^ 1 !/£&£> / O^ On ^ ~~^lC)-~Ob . before me. J~I. }ss. Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally aopeared ~T~H^>V?A^ @ -f & 314(1-^ * x*S&K DARREL L VALEN 3» 0&£*rHS& COMM. # 1575144 XflSgnfi§SHNOTARY PUBLIC-CALIFORNIA" ^vC'tfKf KIVbKSiUtCOUNlY O 3j\azSS£/ COMM. EXP. MAY 20. 2009 £ Place Notary Seal Above _ OPTi Name(s) of Signer(s) ' ' ^-personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entityopott behalf of which the person(s) acted yexecutep the instrument. _ ^ WITNESS my/nand anj/yrfi^aYseaL/ // jt \ jt*A**i .* / f *^i **^^ ^"^/\\>/^ Signahjfe of Notary Public r\t.i * i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: U Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H RKnH 1 I Ml IMRPRINJT ^^^H ^^^^••^^^^^^^^^••^^^^^^^^^^^H np <sir;NFR ^^^1 Top of thumb here e 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Entered By PDT QUOTE Page 1 of 1 Tomark Sports P O Box 1088 Corona, CA 92878 1-800-959-1844 QUOTE TO: CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD, CA 92008-7314 CONFIRM TO: QUOTE NUMBER: 0326860 QUOTE DATE: 2/14/2006 SALESPERSON: 35W CUSTOMER NO: 20-0003556 SHIP TO LOCATION: CITY OF CARLSBAD - ZONE 5 PARK CAMINO HILLS DR./FARADAY AVE. CARLSBAD, CA 92008 Contact/Phone: PAUL MEADOWS/760-434-2922 CUSTOMER P.O. SHIP VIA F.O.B. TOMARK ITEM NUMBER DESCRIPTION 1 1 1 06 [>#36 NET PANEL-ROPE BOUND (mi M10167 CUSTOM POLE 25' X 6" SCHEDULE 40 POLES * REBAR EACH REBAR CAGES /LABI UNIT 1.00 TERMS Net 30 UNIT ORDERED SQFT 2,609.00 EACH 2.00 2.00 PRICE 0.85 950.00 110.00 5,950.00 AMOUNT 2,217.65 1,900.00 220.00 5,950.00 NON TAX LABOR-INSTALLATION LABOR: INSTALL TWO (2) EACH 25' X 6" SCHEDULE 40 POLES OUTSIDE OF FENCE NEAR DUGOUT BENCH. INSTALL TWO (2) EACH NET WING PANELS, ONE (1) EACH NET FENCE EXTENSION DOWN 3RD BASELINE AND ONE (1) EACH NET HOOD. NOTE: TOMARK SPORTS EXERCISES DUE DILIGENCE DURING THE EXCAVATION PROCESS BUT ANY DAMAGE TO UNDERGROUND UTILITIES WILL BE THE RESPONSIBILITY OF THE CITY. ALL EXCESS DIRT WILL BE LEFT AT A SITE DESIGNATED BY THE CITY. NOTE: ANY ENGINEERING CALCULATIONS, PERMITS, DRAWINGS OR ANY OTHER FEES WILL BE THE RESPONSIBILITY OF THE CITY. Lowest Price...Guaranteed! If you find a lower price elsewhere, show us the quote and we will beat it! Net Order: Less Discount: Freight: Sales Tax: Order Total: 10,287.65 0.00 125.00 336.17 10,748.82