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HomeMy WebLinkAboutNissho of California Inc; 2016-07-19; PKRC581Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT MEDIAN LANDSCAPE RENOVATIONS; CONT. NO. PKRC581 This agreement is made on the l qth day of VvllVJ , 2ol.r. by the City of Carlsbad, California, a municipal corporation, (hereinafter called 'fcity"), and Nissho of California, Inc. whose principal place of business is 1902 South Santa Fe Avenue, Vista, CA 92083 (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: Kyle Lancaster (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 41 04 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. MEDIAN LANDSCAPE RENOVATIONS; CONT. NO. PKRC581 Page 1 of 6 City Attorney Approved 2/29/2016 Tracking#: 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 d ment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subco ra or from participating in contract bidding. Signature: Print Name: Tom Baird 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 "AX"; 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. 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 MEDIAN LANDSCAPE RENOVATIONS; CONT. NO. PKRC581 Page 2 of6 City Attorney Approved 2/29/2016 Tracking#: 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 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II II II II II II II II II Nissho of California, Inc. (name of Contractor) 598372 (Contractor's license number) C27, 7/31/2016 (license class. and exp. date) 1000018744 (DIR registration number) 6/30/2016 (DIR registration exp. date) MEDIAN LANDSCAPE RENOVATIONS; CONT. NO. PKRC581 1902 South Santa Fe Avenue (street address) Vista, CA 92083 (city/state/zip) 760-727-9719 (telephone no.) 760-727-8706 (fax no.) tbaird @n isshoca. com (e-mail address) Page 3 of6 City Attorney Approved 2/29/2016 Tracking#: 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 By: (sign here) ---:--;.) /J lo~ 5AircL v, h~'-J .f.-(~rint n.ame/title) I' 04 ;/}, '> 5 t....o o+ By: ~wr (sign here) vr(Q CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistan C1 y Ma , eputy City Manager or Department Director as authorized by the City Manager \='r~.~\ ATTEST: &o/r(f J)ol/.eim -~C/ e:(ari City Clerk ~print name/title) (}j nJ b<2Aal &J lJ/S$MO Cl£,u f"VJ,"a/:IJtc.OS' If required by ity,T'proper notariaf acknotf'edgment of execution by Contractor must be attached. !.f..E. corporation, 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~ Assistant Ci Attorn y MEDIAN LANDSCAPE RENOVATIONS; CONT. NO. PKRC581 Page 4 of6 City Attorney Approved 2/29/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of s~ ~ 0~ ~...,.._--<t ~S..::Oo~efore me, Date ~--~~~szc~~~c2) ~ ln~rt Name and Title of the Office'r ~ personally appeared _<::;=-:::~=.c-,._:::..._~="·,__,<n"--""---~=-""-N....o.~..=....~~O....~--·...._-,_~___:~-~___,~~·'-"-""-=--~-"-~R'\-"':...=~,_~~-- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor@ whose nam~) is/~ subscribed to the within instrument and acknowledged to me that he/she~xecuted the same lrt- his/her~uthorized capaci~ and that by his/her/t~ignatur~on the instrument the pers~ or the entity upon behalf of which the perso~cted, executed the instrument. I certify under PENAL TV 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~ St9n8re~tary Public ----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:---:::-----:-:--=-:~;;:;;::;~~~;...:::::..-:-:--:-Document Date: _______ _ Number of Pages: __ _ Capacity(ies) Claimed by Signer s Signer's Name: ----------?""------ 0 Corporate Officer -Titln,a.....--"'-:7''------- 0 Partner-0 Limi~.c::uL.-~-o~~ eral 0 Individual 0 Att y in Fact 0 Trustee 0 ardian or Conservator 0 Other: --~L-----------­ Signer Is Repr ( Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Trustee 0 Attorney in Fact 0 Guardian or Conservator 0 Other: ______________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Tracking#: 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 Business Name and Address be Subcontracted Total % Subcontracted: ____:_:N~/A.!...._. ___ _ MEDIAN LANDSCAPE RENOVATIONS; CONT. NO. PKRC581 Page 5 of6 DIR Registration No. License No., %of Classification & Total Expiration Date Contract City Attorney Approved 2/29/2016 Tracking#: EXHIBITS Nissho of California, Inc. will renovate landscape and install a drip irrigation system in Paseo Del Norte medians between Cannon Road and Car Country Road. All work shall be performed in accordance with the attached planting plan and Contractor's proposal dated June 13, 2016. JOB QUOTATION ITEM UNIT .. QTY DESCRIPTION •. ·.PRICE NO. 1 1 Soil Prep/Fertilizer $625.00 2 $21.85 270 5 Gallon Agave Attenuata $5,899.50 3 $4.00 63 1 Gallon Muhlenbergia Capillaris $252.00 4 $3.75 95 1 Gallon Lantana-Yellow $356.25 5 $5.83 95 1 Gallon Lantana -Orange $553.85 6 1 Plant Delivery Charges $540.00 7 1 Boulders 2'x2' and Boulders 3'x3' $1,721.00 8 1 Drip Irrigation Conversion $2,368.50 9 1 Prevailing Wage-Prep, Planting and Finishing Labor $3,835.50 *Includes taxes, fees, expenses and all other costs. MEDIAN LANDSCAPE RENOVATIONS; CONT. NO. PKRC581 Page 6 of6 TOTAL* $16,151.60 City Attorney Approved 2/29/2016 NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 License #598372 WORK ORDER C.O.C. Medians Project Name (760) 434-2922 Client Phone# Boulders 2'x2' & Boulders 3'x3' City of Carlsbad Client Name Kyle Lancaster Authorized by (Print) Nissho Internal Only (Maintenance Department) Tom Baird Project Manager (Print) Date Sales Rep Approval (Sign) GRAND TOTAL THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTEDBYrnmNDimiiGNiffi ____ _.. REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Representative Client Representative Print Pnnt Sign Date Date • HARDSCAPESCHEDULE SYMBOL MATERIAL QTY ~ BOULDER 2x2 9 I ~ ~ I BOULDER 3x3 I 6 I PLANTING LEGEND SHRUB LEGEND -WUCOLS REGION 3; WESTERN GARDEN ZONE -19 SYMBOL BOTANIC NAME COMMON NAME SIZE EVERGREEN/ DECIDUOUS QTY HEIGHT/ WIDTH ~~~ ~~ '( \"(~ O ~l ·-"· ~OJ~ W}@\f1(• €1 ~S)'i~~ 0 ~ ~' ~- WATER CONSERVATION PROJECT-PASEO DEL NORTE 01Y OF CARLSBAD DEPT Kale 1:20