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HomeMy WebLinkAboutMERKEL & ASSOCIATES INC; 2010-07-14; PKRC492City of Carlsbad MINOR PUBLIC WORKS PROJECT INSPECTION, MAINTENANCE, AND REPLACEMENT OF BUOYS AT AGUA HEDIONDA LAGOON (PKRC492) This is not an order. Project Manager Kyle Lancaster Date Issued: CYuJL- 1^1' to/&-p~0 '< ' (760) 434-2941 Request For Bid No.: PKRC492 Mail To: CLOSING DATE: June 28. 2010 _ Bonnie L Elliott Bid shall be deposited in the Bid Box located City of Carlsbad in the first floor lobby of the Faraday Center 799 Pine Avenue, Suite 200 located at 1635 Faraday Avenue, Carlsbad, Carlsbad, California 92008 CA 92008 until 4:00 p.m. on the day of Bid Award will be made to the lowest responsive, responsible contractor based on total price. Ploaso use typewriter or black ink. Envelope MUST include Request For Bid No. DESCRIPTION Labor, materials and equipment to provide buoy inspection, maintenance, and replacement services at Aqua Hedionda Laaoon. No job walk-through scheduled. Contractors to arrange site visit by contacting: Project Manager: Kyle Lancaster Phone No. 76Q-434-2941 Submission of bid implies knowledge of all job terms and conditions. Contractor acknowledges receipt of Addendum No. 1 ( ), 2 ( ), 3 ( ), 4 ( ), 5 ( ). SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor Merkel & Associcates. Inc. 858-560-5465 Name Telephone 5434 Ruffin Road 858-560-7779 Address Fax San Diego. CA 92123 associates@merkelinc.com City/State/Zip E-Mail Address -1- Revised 08/11/09 Name and con of Person Authorized to Vice President Signature Keith VI. Merkel Title June 29, 2010 Name Date JOB QUOTATION ITEM NO. 1 2 3 4 UNIT 2011 2012 2013 2014 QTY 1 1 1 1 DESCRIPTION Annual Inspection and Maintenance Annual Inspection and Maintenance (includes replacement of terminal gear) Annual Inspection and Maintenance Annual Inspection and Maintenance (includes replacement of terminal gear and replacement of all buoys) Total TOTAL PRICE $4,175 $10,146 $4,300 $10,451 $29,072 Quote Lump Sum, including all applicable taxes. Award is by total price. 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: Merkel & Associates. Inc.724891 Company/Business Name Contractor's License Number C27 Authorized Signature Classification(s) Keith W. Merkel, Vice President July 31, 2010 Printed Name and Title June 29, 2010 Expiration Date Date TAX IDENTIFICATION NUMBER (Corporations) Federal Tax I.D.#: (Individuals) Social Security #: .. 33-0632638 OR -2-Revised 08/11/09 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 Item No. Description of Work SUBCONTRACTOR* % of Total Contract Business Name and Address NONE License No., Classification & Expiration Date MBE Yes No Total % Subcontracted: None ' Indicate Minority Business Enterprise (MBE) of subcontractor. -3-Revised 08/11/09 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT Merkel & Associates (PKRC492) (Less than $30,000) California Regional Water Quality Control Board, San Diego Region: A. Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. 1. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96- 41 and review all compliance requirements therein, including monitoring, testing, and reporting. B. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. C. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. D. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. E. The Contractor shall indicate in his submittals methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision CITY reserves the right to implement BMP's to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. 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: Kyle Lancaster (project manager) -4- Revised 08/11/09 Wage Rates 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. The City Manager has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. 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 Contractor or subcontractor frorryi participating in contract bidding. Signature: Print Name: Keith W. Merkel -5- Revised 08/11/09 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 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. -6- Revised 08/11/09 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: I agree to start work on June 15, 2011. Completion: I agree to complete work on June 30, 2014. CONTRACTOR: Merkel & Associates. Inc. name of Contractor) (feign here) Barbara Merkel, CITY OF CARLSBAD a municipal corporation of the State of California: By:. President (print name and title) associates@merkelinc . com .__ __^^^_____ _ ^ _ * fe-mailj (address) (telephone no.) (sign here) Keith W. Merkel,Secretary (print name and title) 5434 Ruffin Road (address) San Diego. CA 92123 ATTEST: (city/state/zip) 858-560-5465 (telephone no.) 858-560-7779 LORRAlfjB. M City Cl< (fax no.) associates@.merkeli nc. com (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 officers) signing to bind the corporation.) APPROVED AS TO FORM: RONALD^R. BALL, City Attorney BY: Deputy City Attorney -1 -Revised 08/11/09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On <forLB IPl ID\O before me,Date personally appeared U!fo jn » Here Insert Name and Title of the Officer Name(s) of Signer(s) aiiiimiiiiiiiiiiiiiiiMl.........l.....M.H... —Mum,,,,,— - —- TRACEYJODUNN 1 Commission * 1886763 f Notary Public - California f San Diego County My Comm. Expires Jun 5. 2014 who proved to me on the basis of satisfactor evidence to be theTpersonSP wh subscribed to the within instrument and acknowledged to me that hf*/gbfffhey])6xecuted the same in authorized <t§tpacityne§b and that by hls/her/me[b £Jgnaturel51> on the instrument the or the entity upon behalf of which the cted, 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 and/or Stamp Above OPTIONAL Si§«aturerof 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 O*-\ of- constoacl miner- pobV-c n»rxs Title or Type of Document: rnounlgna.n ce gnc* replocaneni cf- \ Document Date: A^KLE /Z£)1Q Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:*^^ LCOU^me $- Corporate Officer — Title(s):' D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: [^€orporate Officer — Title(s):. D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 Merkel & Associates, Inc. 5434 Puffin Road, San Diego, CA 92123 Tel: 858/560-5465 • Fax: 858/560-7779 e-mail: associates@merkelinc.com June 24,2010 M&A #10-051-02 Mr. Kyle Lancaster Park Superintendent City of Carlsbad 799 Pine Avenue, Suite 200 Carlsbad, California 92008 RE: Proposal to Provide Buoy Services at Agua Hedionda Lagoon Dear Mr. Lancaster: Thank you for contacting Merkel & Associates (M&A) regarding our services. In response to your request, this letter provides the City of Carlsbad (City) a proposal for M&A to provide buoy maintenance services at Agua Hedionda Lagoon. SCOPE OF WORK Task 1: Annual Inspection and Maintenance M&A will perform annual inspections and maintenance of all buoys, which will consist of cleaning the buoy and chain/cable and inspecting all the components to determine integrity. It is anticipated that this will require one day of effort. Bi-annually (i.e., every other year), M&A proposes to replace all the terminal tackle (e.g. chain, cable, shackles), if necessary. The costs also include replacement costs for all buoys assuming a four-year cycle. It is anticipated that this will require two to three days of effort. M&A would provide a summary report and any suggestions for consideration by the City for each inspection interval. TIMING OF WORK Given the current schedule for buoy installation, annual maintenance will be scheduled prior to the summer season (i.e., before the 4th of July holiday). COSTS As noted in the request, annual costs are provided for 4 years (2011-2014): 2011 Annual Inspection and Maintenance 2012 Annual Inspection and Maintenance (includes replacement of terminal gear) 2013 Annual Inspection and Maintenance 2014 Annual Inspection and Maintenance (includes replacement of terminal gear) TOTAL $4,175 $10,146 $4,300 $10,451 $29,072 Agaa Hedionda Buov Services Cost Proposal June24. 2010 Costs are to be billed on a fixed-fee basis, and costs can be provided for any additional services. If you have questions regarding this proposal or you need additional information, please do not hesitate to call Lawrence Honma or me at (858) 560-5465. We look forward to working with you on this project. Sincerely, Keith W. Merkel Principal Consultant Merkel & Associates, Inc. #10-051-02