Loading...
HomeMy WebLinkAboutWestern Pump Inc; 2013-09-06; PWM14-06PEMProject No. PWM14-06PEM / Fuel Tank Monitoring System Installation Date Routed: Reasons for changes: To: Department Head Construction Management & Inspection Finance Director� il.-19· ,� City Manager/Mayor Construction Management & Inspection Item 1: The existing connection wiring from the electrical room to the fuel system terminal is not reusable. Additional compensation is required to replace the . existing wiring. Item 2: City staff requested the replacement of the existing fuel management system terminal. Replacement of the system terminal is required to accommodate the new fuel management system software. Additional compensation is required to replace the terminal and prepare the electrical systems for final connection. COST ACCOUNTING SUMMARY: Note: this CCO will be encumbered to the PO once it's fully executed. PWM14-06PEM CITY OF CARLSBAD MINOR PUBUC WORKS CONTRACT FUEL TANK MONITORING SYSTEM INSTALLATION ($45,000 or Less) This agreement is made on the 6^ day of S^4otc4r\.hc^ , 2013, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Western Pump, Inc. whose principal place of business is 3235 "F" Street, San Diego, California (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: Joe Garuba, Municipal Projects Manager. PREVAILING WAGES 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 concern. Payment of prevailing wages is at Contractor's discretion. 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. FUEL TANK MONITORING SYSTEM Pagel of 8 City Attorney Approved 2/7/13 INSTALLATION - PWM14-06PEM PWM14-06PEM Contractor hereby acknowledges that the filing of a false claim may subject 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 or subcontractor from participating in contract bidding. Signature: KJIM^S Print Name: ^ft^^n g". Aefk^grer 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 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 clauses 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 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 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 90 working days after receipt of Notice to Proceed. FUEL TANK MONITORING SYSTEM Page 2 of 8 City Attomey Approved 2/7/13 INSTALLATION - PWM14-06PEM PWM14-06PEM CONTRACTOR'S INFORMATION. Western Pump, Inc. (name of Contractor) 673853 (Contractor's license number) A, D40, CIO-7/31/2015 (license class, and exp. date) 3235 "F" Street (street address) San Diego, CA 92102 (city/state/zip) (619) 239-9988 (telephone no.) (fax no.) ryans@westernpump.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 terms and conditions of this Agreement. CONTRACTOR WESTERN PUMP, INC., a Califomia corporation (sign here) ' (print name/title) (si^n^re) <TApic6,Q. £^m/n^^.^ ^s^oeemey (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: , Asetststrrt City Manager, Peiwty City Mona^^y- Department Dircetor as authoriaod by tho City MaiuyeC ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corooration. 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: CELIA A. BREWER, City Attorney \ BY: ^ZIQ^ Assistant City Attorney \ FUEL TANK MONITORING SYSTEM INSTALLATION - PWM14-06PEM Page 3 of 8 City Attorney Approved 2/7/13 CALiFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On Am^tLS^^efore meSttpll/mir^S XQA>^.Q)rreia/ MbfgUOJ PoigUc Date I Here InserT Name and Title of the Officer J personally appeared Sfnvxlre CL'^e:lt\/im/>)^ /4Aid ReJ-UO^^ Name(s) of Slgner(s) Mi iRREIAf i13 I STEPHANIE SUSANNE CORREIA Commission # 1919313 Notary Public - California 1 San Oiego County ^ MyComm. Expires Jan 26.20151 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Je/are subscribed to the within instrument and acknowledged to me that Jio/oho/they executed the same in iais/ber/their authorized capacity(ies), and that by Ws/lwr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Signature of Notary Public 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: P(JL)>^[M -Qfof CJAJ fr^ Q^|sWrj CoVli^OJ:} Document Date: Ao^O^^-^ 13/2.0)3 Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name • Individual —- - I L ^ Corporate Officer — Title(s):PrtgSi dOAJ" n Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is RepresepWng: Signer's Name:. • Individual ;K^Corporate Officer — Title(s): S:^! • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is RepreseiTljng: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association' 9350 De Soto Ave., PO.Box 2402»Chatswortfi, CA 91313-2402 •www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 PWM14-06PEM 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 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 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. ofthe 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 Saw cut, breakout and removal Fonseca Construction Lic #826307 Exp. 6-30-15 4% Suck Gravel out over tank top United Pumping Services Lic #617639 Exp. 4-30-14 2% Total % Subcontracted: 6% FUEL TANK MONITORING SYSTEM INSTALLATION - PWM14-06PEM Page 4 of 8 City Attorney Approved 2/7/13 EXHIBIT B CONTRACTOR SCOPE OF WORK PWM14-06PEM ITEM NO. UNIT QTY DESCRIPTION PRICE Equipment Purchase 1 T550DP (1) TS-550 Automatic Tank Gauge (Incon) 2 TS-PRB (1) 12 Input Probe Module 3 TS-2WSNS (1) 12 Input 2-Wire Sensor Module 4 TSP-IGF4 (2) 4" Float Set for Gasoline Tanks 5 TSP-IDF4 (1) 4" Float Set for Diesel Tanks 6 TSP-K4A (3) Mag Probe Install Kit for 4" Riser Pipes 7 TSP-LL2-53 (3) Magnetostrictive Probe 8 TSP-ULS (4) Universal Liquid Sump Sensor 9 TSP-K12 (4) Interstitial 2" riser kit 10 TS-RA2 (1) High Intensity Tank Overfill Alarm 11 TS-TP5000 (1) Impact Printer Paper 12 1C-3112P (1) OPW Double-walled Direct Fill Port 13 6110-18WT (4) 18" Tank Manhole Cover (Pomeco) Total Equipment $ 12,823.38 Sales Tax - 8% $ 1,026.27 Freight $ 355.00 Subtotal - Equipment $ 14,209.65 FUEL TANK MONITORING SYSTEM INSTALLATION - PWM14-06PEM Page 5 of 8 City Attorney Approved 2/7/13 PWM14-06PEM SERVICES SCOPE OF WORK: Submit plans and fees to obtain Permits from the San Diego County Department of Environment Health. Schedule all required Inspections and Testing. Decommission all fuel system electrical as required for a safe work environment. Saw-cut and breakout concrete around the diesel spill bucket Saw-cut and breakout concrete around the two gasoline tank annulars to expose electrical J- boxes. Excavate to diesel tank top removing the existing direct bury spill bucket and locate additional access ports. Remove and replace tank annular home-run J-boxes. Provide and Install four (4) 18" manhole covers (three for tank annular and one for diesel probe riser). Provide and Install new communication cable for sensors and liquid level probes back to tank monitor. Install three (3) owner provided tank probes (two gasoline and one diesel). Install one (1) owner provided double-walled diesel spill bucket with cast iron cover. Install four (4) owner provided tank annular sensors. Remove existing tank monitoring system and install new customer provided Incon TS-550 automatic tank gauge. Start up, program and connect all probes, sensors per manufacturer requirements. Connect new tank monitor to internet with customer provided IP address. Backfill with excavated soils and hand compact. Re-surface excavated area with matching concrete Test new diesel spill bucket per San Diego Department of Environmental Health Test and Certify new tank monitoring system and submit all required reports to the Department of Environmental Health. Clean up all trash and debris caused by our work. Provide Owner with Copies of permits and inspection reports. Total Professional Services $26,080.74 PROJECT GRAND TOTAL $40,290.39 FUEL TANK MONITORING SYSTEM INSTALLATION - PWM14-06PEM Page 6 of 8 City Attorney Approved 2/7/13 Bond no. 1976174 Premium is for contract term and subject to PWM 14-06PEM adjustment based on final contract amount Premium: $453.00 EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Western Pump Inc (hereinafter designated as the "Principal"), a Contract for FUEL TANK MONITORING SYSTEM INSTALLATION CONTRACT NO. PWM14-06PEM in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute said Contract and the tenms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used In, upon or about the performance ofthe work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same lo the extent hereinafter set forth. NOW. THEREFORE, WE, WESTERN PUMP. INC.. as Principal, (hereinafter designated as the "Contractor"), and. The Hanover Insurance Companv as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty Thousand Two Hundred Ninety Dollars and Thirty Nine Cents ($40,290.39), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provistons, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with Califomia Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor perfomied under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemptoyment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit Is brought upon the bond, reasonable attomey's fees, to be fixed by the court consistent with California Civil Code sectton 9554. This bond shall inure to the benefit of any of the persons named In Califomia Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or additton to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. rNflVt^ATlON-^^'rwlM" CityAnorneyApproveCZ/Zm PWM14-06PEM In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by SURETY this ^^"0 day Executed by CONTRACTOR this. of A^^d^ , 20J3. CONTRACTOR: SeeOcfo^ Western Pump, Inc. of August .20j3_. By:, (name of Contractor) {/ (sign here) Ryan ^fcfWvfier (print name here) SURETY: ^fThe Hanover Insurance Company (nameof Surety) 10509 Vista Sorrento Pkwy., Ste. 310, San Diego. CA 92121 (address of Surety) 858.200.4108 (telephone number of Surety) (sign (print name here) (title and organization of signatorv (signature of Attorney-in-Fact) Michael R. Strahan. Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatbry) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary 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 that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorn By: Assistant City Attorney \ FUEL TANK MONITORING SYSTEM INSTALLATION - PWM14-06PEM Page 8 of 8 City Attorney Approved 2/7/13