Loading...
HomeMy WebLinkAboutHawthorne Machinery Co; 2020-03-10; PWM20-1063UTILPWM20-1063UTIL SANDSHELL LIFT STATION REPAIR Page 1 of 5 City Attorney Approved 1/25/2019 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SANDSHELL LIFT STATION REPAIR This agreement is made on the ______________ day of _________________________, 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Hawthorne Machinery Co., a California corporation whose principal place of business is 16945 Camino San Bernardo, San Diego, CA 92127 (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: Jesse Castaneda (City 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 is on file in the Office of the City Engineer. Contractor 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. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: E9252E09-0FA7-499E-8178-EB06C440F283 10th March PWM20-1063UTIL SANDSHELL LIFT STATION REPAIR Page 2 of 5 City Attorney Approved 1/25/2019 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 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: ___________________________________ Print Name: _____Jeffrey Bowman_________________ 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 California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: E9252E09-0FA7-499E-8178-EB06C440F283 PWM20-1063UTIL SANDSHELL LIFT STATION REPAIR Page 3 of 5 City Attorney Approved 1/25/2019 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 seven (7) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within five (five) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Hawthorne Machinery Co. 16945 Camino San Bernardo (name of Contractor) 527880 (street address) San Diego, CA 92127 (Contractor’s license number) C10 - 12/31/2020 (city/state/zip) 858-376-6857 or 858-583-0027 (license class. and exp. date) 1000019799 (telephone no.) (DIR registration number) 6/30/20 (fax no.) efabeyta@hawthornecat.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// DocuSign Envelope ID: E9252E09-0FA7-499E-8178-EB06C440F283 PWM20-1063UTIL SANDSHELL LIFT STATION REPAIR Page 4 of 5 City Attorney Approved 1/25/2019 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 HAWTHORNE MACHINERY CO., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Jeffrey Boman/General Counsel Vicki V. Quiram, Utilities Director as authorized by the City Manager (print name/title) By: (sign here) (print name/title) 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 Group B Chairman, President, or Vice-President 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: E9252E09-0FA7-499E-8178-EB06C440F283 PWM20-1063UTIL SANDSHELL LIFT STATION REPAIR Page 5 of 5 City Attorney Approved 1/25/2019 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. 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 DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: E9252E09-0FA7-499E-8178-EB06C440F283 CITY OF CARLSBAD-WASTE WATER 60285 - 1 Page 1 Proposal CITY OF CARLSBAD-WASTE WATER 5950 EL CAMINO REAL CARLSBAD, CA CUSTOMER NO. QUOTE NO. DATE CONTACT 1134000 60285 1/29/2020 JESSE CASTANEDA PHONE NO. FAX NO. EMAIL 760-438-2722 jesse.castaneda@carlsbadca.gov MODEL MAKE SERIAL NO. 3029TE150 JOHN DEERE PE3029T210258 UNIT NO. HOURS WO NO. P.O. NO. 193 Note SEGMENT: 01 Make: Kohler / John Deere Model: 3029TE150 Serial: PE3029T210258 Unit/Building #: Sand Shell Site Address: 613 San Shell Avenue, Carlsbad Site Contact Name: Jesse Castaneda / Mike Lichtenfels Site Contact Phone: 760-802-8200 / 760-802-5763 OPTION #1 Segment 1: Provide 2 onsite field service technicians to replace radiator and perform cooling system service. Recommendation is pursuant to trouble shoot call. This quote includes all travel, labor, parts, environmental, and taxes to complete the work. Any resultant work found during the original scope of work being performed will be quoted and approved prior to adding to the work order. All work to be done during normal business hours (Monday-Friday, 7 a.m. to 4 p.m.) Verification of APCD permit to operate must be confirmed. Excludes Holidays, unless otherwise noted. A field service report will be provided for your review and service records following each service. Elizabeth Fernandez Abeyta 858-583-0027 EFAbeyta@hawthornecat.com. Parts Qty Item No Description Ext Price 1 223595 THERMOSTAT $71.85 1 273418 LOWER HOSE $23.65 2 336463 HOSE $75.02 1 360116 GASKET $25.45 EXHIBIT "B"DocuSign Envelope ID: E9252E09-0FA7-499E-8178-EB06C440F283 CITY OF CARLSBAD-WASTE WATER 60285 - 1 Page 2 1 360484 TSTAT GASKET $7.08 1 365289 COOLANT SENSOR $231.37 1 GM11846 BELT $28.55 1 GM19031 UPPER HOSE $24.97 6 GM21409 CLAMP $29.34 1 GM22415 RADIATOR $1,385.65 1 X-312-15 HOSE $16.44 1 X-312-35 HOSE $15.42 4 X-426-10 CLAMP $5.52 2 X-426-16 CLAMP $6.36 2 X-426-6 CLAMP $5.24 1 X312-43 HOSE $6.58 6 3393768 COOLANT DEAC $95.76 Total Parts $2,054.25 Labor Qty Item No Description Ext Price 16 PSF FIELD SERVICE $2,672.00 Total Labor $2,672.00 Miscellaneous Qty Item No Description Ext Price 1 MLF DAILY TRUCK CHG $75.00 1 SLS SALES TAX $159.20 1 EV2 ENVIRONMENTAL AND CONSUMABLES $346.33 1 #45 RADIATOR FREIGHT $200.00 Total Miscellaneous $780.53 Segment 01 - Total $5,506.78 PWM20-1063UTIL Exhibit "B" DocuSign Envelope ID: E9252E09-0FA7-499E-8178-EB06C440F283 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1/31/2020 J Smith Lanier &Co of OpelikaP.O.BOX 828OpelikaAL36803 Erica Sweatt 334-749-3401 334-745-8785 esweatt@jsmithlanier.com Great American Insurance Company 16691 Zurich American Insurance Company 16535HawthorneMachineryCo.Attn:Steve Hollingsworth16945CaminoSanBernardoSanDiegoCA92127 1610200445 B X 1,000,000 X 500,000 10,000 1,000,000 2,000,000 X Y Y GLO292517013 2/1/2020 2/1/2021 2,000,000 B 2,000,000 X XX Y Y BAP292517113 2/1/2020 2/1/2021 A X X 5,000,000 10,000 Y Y TUU777952314 X 5,000,000 2/1/2020 2/1/2021 B N Y WC292516913 2/1/2020 2/1/2021 X 1,000,000 1,000,000 1,000,000 B Garagekeepers Liability BAP292517113 2/1/2020 2/1/2021 $1,000,000PerLoc.Direct/Primary General Liability (for ongoing and completed operations via forms CG20100413 and CG20370413)and Auto Liability (per CA20481013)Additional InsuredStatusisgrantedtotheCityofCarlsbadifrequiredbyawritten,signed,and dated contract,agreement,or permit.All coverage is subject to the terms,conditions and exclusions contained in the policy form and endorsements. The City of Carlsbad as required by written contract are named additional insured on a primary and non contributory basis on the General Liability andCommercialAutopoliciesperformsUCA424FCWandUGL1477BCW0413.Waiver of Subrogation is granted to the City of Carlsbad pursuant to writtencontractperformsWC000313,UGL1477BCW0413,and CA04441013. See Attached... City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 4668 -ECM #35050NewYork,NY 10163-4668 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 1 J Smith Lanier &Co of Opelika Hawthorne Machinery Co.Attn:Steve Hollingsworth16945CaminoSanBernardoSanDiegoCA92127 25 CERTIFICATE OF LIABILITY INSURANCE In the event of a cancellation (for any reason other than nonpayment of premium),30 days notice will be sent to the City of Carlsbad per forms UGL1521ACW,UCA832ACW,and WC990643.Cancellation provision shown is subject to shorter or longer time periods depending on the jurisdiction of,and the reason for,thecancellation.Garage Liability is included under the Zurich Commercial Auto policy with a $1,000,000 limit per location.Umbrella recognizes additional insuredstatuseswhicharerequiredbywrittencontractandaffordedbyunderlyingpolicies(including but not limited to the General Liability,Commercial Auto,andWorkersCompensationpolicies)and endorsements,for no broader coverage than is provided by the underlying insurance and limiting coverage to the lesser ofthefollowinglimits:limit specified in form GAI60010697 or limit specified by written contract less the applicable underlying insurance limits.(provides AdditionalInsuredperformGAI60791098andWaiverofSubrogationperformGAI61130697).“Stop Gap”Employers Liability is included under Workers CompensationpolicyperformWC000303CforthestatesofND,OH,WA,WY. GLO 2925170 12 GLO 292517013 GLO 2925170 12 GLO 292517013 GLO 2925170 12 GLO 292517013 GLO 2925170 12 02/01/2019 02/01/2020 GLO 292517013 02/01/2020 02/01/2021 GLO 2925170 12 02/01/2019 02/01/2020GLO292517013 02/01/2020 02/01/2021 GLO 2925170 12 02/01/2019 02/01/2020 GLO 292517013 02/01/2020 02/01/2021 GLO 2925170 12 GLO 292517013 BAP 2925171 12 02/01/2019 02/01/2020BAP 292517113 02/01/2020 02/01/2021 BAP 2925171 12 02/01/2019 BAP 292517113 02/01/2020 BAP 2925171 12 02/01/2019 BAP 292517113 02/01/2020 BAP 2925171 12 02/01/2019 02/01/2020BAP 292517113 02/01/2020 02/01/2021 WC 2925169 1202/01/2019 02/01/2020 WC 292516913