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Home My WebLink AboutPoolmaster; 2003-07-03; PKS03-09City of Carlsbad MINOR PUBLIC WORKS PROJECT REQUEST FOR BID This is not an order. Project Manager Scott Carroll Date Issued: -541 a2003 (760) 434-2980 Request For Bid No.: PKSO3-09 Mail To: CLOSING DATE:June 3,2003 Purchasing Department City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-731 4 Award will be made to the lowest responsive, responsible contractor based on total price. Bid shall be deposited in the Bid Box located in the first floor lobby of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, CA 92008 until 4:OO p.m. on the day of Bid closing. Please use typewriter or black ink. Envelope MUST include Request For Bid No. PKS03-09 PWM03-25PKS DESCRIPTION Labor, materials and equipment to remove and dispose of existina Dump, valves and Dlumbinq fittinas to the water fountain located at the corner of State and Grand Avenue in Downtown Carlsbad. Reconfiaure entire Dump svstem bv installina new pumps. valves. Dlumbina fittinas and supolies. Redo the entire electrical svstem to accommodate the new pumps. No job walk-through scheduled. Contractors to arrange site visit by contacting: Project Manager: Fred Bumell Phone No. (760) 434-2985 Submission of bid implies knowledge of all job terms and conditions. Contractor acknowledges receipt of Addendum No. 1 (J2 (A, 3 (J, 4 I, 5 (-). SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor Ndne Address c 0. Box 237.7 L\ FaX -1 - Revised 91 O/OO Name and Title of Person Authorized to sign Name SLdiI /tJ a%- Owrd &- s--s 3 Title Signatu% Date JOB QUOTATION 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@) 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: Puvhss R Adhorizd Signature Printed Name and Title - JC%jtu. hi* -- OWdR ?.E 227- Contractor's License Number - Classif ication(s) Expiration Date 2-x -0s- - Date -2- Revised 5/1 O/OO TAX IDENTIFICATION NUMBER (Corporations) Federal Tax I.D.#: -33 OR (Individuals) Social Security #: I -3- Revised 5/1 O/OO 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 exces 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 41 00 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 Total % Subcontracted: SUBCONTRACTOR* I MBE rca Indicate Minority Business Enterprise (MBE) of subcontractor. -4- Revised 5/1 O/OO CITY OF CARLSBAD 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 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 Fred Burnell (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 Ci 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 enti. 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. -5- Revised 5/1 O/OO. 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 from participating in contract bidding. I Signature: Print Name: J&* tJe R kx- 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 $1OO,OOO 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 liabilrty, 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 5/1 O/OO 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 j>- working days after receipt of Notice to Proceed. Completion: I agree to complete work within @ working days after receipt of Notice to Proceed. CONTRACTOR: CITY OF CARLSBAD a municipal corporation of the State of California By: d’&T- L3. zk!? Qu&& (print name and title) 1200 Carlsbad villaae Dr.. Carlsbad. CA 92008 (address) (telephone no.) By: (sign here) ?bo - q34-L43&\ (print name and title) (aaress) (city/state/zip) c A. nr 7?7 - - UU ,Jlr+, q. q ’2G 23 ATTEST: (3 zJ3L 45w (telephone no.) LORRAINE M. WC@D City Clerk (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 officer@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: 5$?42?G&& // Deputy City Attorney -7- Revised 91 O/OO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 NAME, TITLE OF OFFICER - E 0, *JANE DOE, NOTARY PUBLIC" to be the person@jwhose name0 is/= subscribed to the within instrument and ac- knowledged to me that he/sheftheyexecuted the same in his/her/t.keir authorized capacityo, and that by his/MtWtr signature0 on the instrument the person& or the entity upon behalf of which the person(@ acted, executed the instrument. Though the data below is not tequired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRES SIGNER(S) OTHER THAN NAMED ABOVE -- -----I______--- Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 PAGE 81/81 07/03/2003 09:21 0054972229 I . DATE (MMIDDIYYWJ PCORD, CERTIFICATE OF LIABILITY INSURANCE 06/18/63 PRODUCER Arrow Insurance Service HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2535 Townrgats Road Suite 105 Weetlako Village CA 91361-2650 Phone: 800-833-3033 Fax- 605-497-2229 INSURED- INSURER A Northland Insurance Company THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RK3HT6 UPON THE CERTIFICATE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAK # --. --c I- - INSURER B. INSURER C -.----- Members of The Inde ndent pool c s a service Zeociatian Culver City CA 90231 ~ INWRER - - - - - - .- PO nox &XI INSURER 5 COVERAGES THE POLICIES OF INBIJRANCE LISTED BELOWHAVE BEEN ISGUED TO THE INGURED NAMED ABOVE FOR THE POLICY PERIOD INDIWlEO NONVITHSTANDINC &HY REQUIREMENT TERM OR CONDfflON OF ANV CONTRACT OR OTHER DOCUMENT WT1.I RESPECT TO WICH THIS CGRTIFICATE MAY BE ISSUE0 OR MAY PERTAIN THE INFURANCE WFORMO BY THE POLICIES OESCRIEED HEREIN IS SUO.IECTT0 ALL TME TERMS EXCLUSIONS AN0 CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS WOW MAV MbVE BEEN REDUCEbDV PAID CLAIMS x- -- - -A- TYPE OFINSURANCE POLICY NUMDER Llsm OENERAL LIABILIPI EACWOCCURRENCE 8 1 ,000,000 A 04/01/03 Oa/Oi/Qb ~aoceurms) - s 50,000 CLAIMS MADE Ts;') OCCUR ME0 "P (Any onr pmon) J s (000 PERSONALdADVlNJURV 5 1 ,~oo,o~o GENEAAI.PGGRE6AT.E 13 ,?Joe, 000 PRODUCTS - COMP/OP bGQ t ~,ooo,~oo RENTED-- - - --. GEN'L AGQACGATE LIMIT APPLIES PER - 1 POLICY \ 1 ?& 17 coc AUTOMOOILC LlAUlLlTT COMBINED SINOLE LIMIT - (6U VXlOBnt) -. -- -.- -I ANY AUTO ALL OWE0 AUTOR BODILY INJURY - - I - SCHEDULED AUTO3 HIRED AUTO8 NON OWED AUTO3 -- - GARAGE LIAWLIW ANY AUTO - -. EXC€68/UMIIRELLA LIABILITV 3 OCCUR CI.AlMS MADE -1 - DCDUCTIBLE I REVNTIDN S WORKERS COMPENSAnON AND EMPLOYERS' LlADlLlTV WV PROPRIETORIPIRTNEIECU~VE OFFlCERfMEMBER EXCLUDE07 I1 *b arwlbounrkr OTHER S~CIAL PROVISIONS miow DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCl,U81ONS ADOED BY ENDORSEMENT/ (P-I POlC6) BOOLY INJURY (Par usctomc) PROPERW DAMAGE (Pw u&drnl) -- L I AUTO ONLY * EA 4CCIDENT -- - OWERTHAN EAACC ' __-- AUTO ONLY AGO I EACH OCCURRENCE AGGREGATE - -. -- -). S I Tm% 1- 1 "g" E 1 EACHACCIDENT I EL OlSCMe-MEMPLOYLE, E. EL DIBEftASE - P0C)CV LMlT 1 S SPECIAL PRDVISIOHS IMPOSE NO DBLIOAllOH OR LlABlLlWOf ANY NIND UPON THE IYSURCIL ITS AGENT3 OR The City of Carlabad Attn: Public Worka Dept. 405 Oak Ave. Carlsbad CA 92008 fc (#A\ @ ACORD CORPORATION 198 ACORD 25 (20Ofl6e) ,COVERED MEMBER: Scott Bee DE&: Pool Master I CITYOFC 6HOULO ANY OF 'WE ABOVE DESCRIBED POLlClEb BE CC\NCELLEOEEFORE ME EXPIRATIOJ DATE THEREOF. THE 15SUING lN6URER WLL END6AVOR TO M#L 30 OAVS WRITTEN NOWCE TO THE CERTIFICATE HOLDER NAMED TO THE CEFf OUT FAILURE TO 00 IC0 SHALL .. INTERINSURANCE EXCHANGE of the Automobile Club MAILING ADDRESS: P.O. BOX 25001, SANTA ANA, CALIFORNIA 92799-5001 NOTICE OF CANCELLATION ENDORSEMENT Forming a part of Policy No. Effective 6-24-03 12:Ol A.M. Pacific Standard Time G 461 6534 issued by the INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB to BEE, SCOTT W AND JOAN E I CITY OF CARLSBAD ATTN; PUBLIC WORKS, AND SCOTT CARROLL 405 OAK AVE. CARLSBAD CA 92008-3009 PR I 6-23-03 DESIGNATED AUTOMOBILE 01 FORD lFTSW31FXlED00015 ADDITIONAL INSURED It is agreed that in the event of 10 days’ written notice thereof will be given by regular mail to the additional insured named above. In the event of cancellation of this policy by the Interinsurance Exchange for other than nonpayment of premium, 20 days’ written notice thereof will be given by regular mail to the additional insured named above. All provisions of your policy not affected by this endorsement remain unchanged. material change to this policy affecting the designated automobile; or suspension or nonrenewal of this policy; or cancellation of this policy at the request of other than the Interinsurance Exchange; or cancellation of this policy at the request of the Interinsurance Exchange for nonpayment of premium; ACSC Management Services, Inc. ATTORNEY-IN-FACT CERTIFICATE OF INSURANCE This is to certify to the additional insured named above that the Interinsurance Exchange of the Automobile Clubhas issued the above listed Member’s Automobile Policy to the policyholder named above. Subject to its terms and provisions, this policy, including any applicable endorsement, provides the following coverages and limits of liability for the designated automobile: 1 PROPERTY DAMAGE LIABILITY BODILY INJURY LIABILITY THOUSAND THOUSAND THOUSAND DOLLARS DOLLARS DOLLARS PERSON OCCURRENCE OCCURRENCE 1 EACH I EACH I EACH This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverages afforded by and the terms and conditions applicable to the policy to which it pertains. ACSC Management Services, hc. ATTORNEY-IN-FACT ITS0122A EO898 2059 E 1-96 CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE COMPENSATION INSURANCE JUNE 18, 2003 GROUP: 000229 POLICY NUMBER: 3464-2003 CERTIFICATE ID: 71 CERTIFICATE EXPIRES: 01 - 01 -2 0 04 01-01-2003/01-01-2004 CITY OF CARLSBAD ATTN: PUBLIC WORKS, ATTN: SCOTT CARROLL 405 OAK AVE CARLSBAD CA 92008 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. W AUTHORIZED REPRESENTATIVE A& c.~ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BEE, SCOTT W 1841 SHERIDAN RD ENCINITAS CA 92024 SClF 10262E IEPF-UI: P9 1 ib ED I I 1 July 3,2003 CITY OF CARLSBAD I CITY CLERK’S OFFICE TO: DEPUTY CITY ATTORNEY COLEMAN FROM: Management Analyst Carroll MINOR PUBLIC WORKS CONTRACT - DOWNTOWN VILLAGE FOUNTAIN Attached for your signature is a Minor Public Works Contract to repair the Downtown Village Fountain. Included with the contract are the required insurance documents. Staff is requesting that your office waive the “any auto” requirement so that this project can begin in an expeditious manner. The following is a brief synopsis of this project. On May 12, 2003, staff began advertising request for bids to repair the Downtown Village. The work included removing the existing pumps, valves, and plumbing fittings, as well as reconfigure the entire system by installing new equipment and redoing the electrical system to accommodate the new equipment. The closing date to receive bids for this project was June 3, 2003. On June 3,2003, staff did not receive any bids for this project. The Purchasing Department gave staff authorization to negotiate a fair price with a vendor of our choosing. Staff began negotiations with Poolmaster a vendor that has performed maintenance activities on the fountain in the past (please note that the City has never entered into an agreement with Poolmaster. The work performed by Poolmaster on the fountain was for minor maintenance repairs that did not require a contract). After a couple of days the parties agreed upon a set amount of $17,667. Staff has procured all the insurance requirements. Poolmaster’s general liability insurance company, Northland Insurance Company, has an AM Best rating of A+ and the company is a California admitted carrier. His workers’ compensation policy is valid and his automobile liability insurance complies with the City’s standard limits for a Minor Public Works Contracts. However, the automobile insurance does not indicate it’s an “any auto” policy. It is staff‘s opinion that the auto liability exposure for this project is limited. As mentioned earlier the scope of work entails removing and installing new pump and electrical systems. No heavy-duty equipment and/or vehicles are required for this project. Also, no multiple vehicles will be used for this project (just the vendor and his subcontractor). Please grant our request to waive the “any auto” requirement so we can begin on this project right away. Our goal is to have this project completed before the end of summer. Your cooperation and assistance is greatly appreciated. Please call me at your earliest convenience to discuss this matter further. SCOTT CARROLL 7w-