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HomeMy WebLinkAboutNissho of California Inc; 2016-09-13; PKRC587Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ELMWOOD STREET LANDSCAPE IMPROVEMENTS; CONT. NO. PKRC587 This agreement is made on the I ?:rt\7\ day of ,~g.,V , 20 lfn by the City of Carlsbad, California, a municipal corporation, (hereinatteralied"City"}, and Nissho ofCalifornia, 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 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. ELMWOOD STREET LANDSCAPE IMPROVEMENTS; CONT. NO. PKRC587 Page 1 of6 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 rment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subco r ctor 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 "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. 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 ELMWOOD STREET LANDSCAPE IMPROVEMENTS; CONT. NO. PKRC587 . 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 Nissho of California, Inc. (name of Contractor) 598372 (Contractor's license number) C27, 7/31/2018 (license class. and exp. date) 1000018744 (DIR registration number) 6/30/2017 (DIR registration exp. date) ELMWOOD STREET LANDSCAPE IMPROVEMENTS; CONT. NO. PKRC587 1902 South Santa Fe Avenue (street address) Vista, CA 92083 (city/state/zip) 760-727-9719 (telephone no.) 760-727-8706 (fax no.) tbaird@nisshoca.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 CITY OF CARLSBAD, a municipal corporation By~ of the State of California By: (sign here) ity Ma , Deputy City Manager ~""" ~~~\.c~ o.-S I )t C(l__Yr<0>•~+ or Department Director as authorized by the City Manager &'-r>. l-::>~,:.-lf(pril)t nam:/title) r , A D ~ iA • > S (;__o 'D-+ '-By: ~ Group A Chairman, President, or Vice-President ATTEST: 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:~ ~City Attorney ELMWOOD STREET lANDSCAPE IMPROVEMENTS; CONT. NO. PKRC587 Page 4 of 6 City Attorney Approved 2/29/2016 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_I_A ___ _ ELMWOOD STREET LANDSCAPE IMPROVEMENTS; CONT. NO. PKRC587 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 improve a streetscape on the west side of Elmwood Street by installing fencing, river rock, boulders and a new drip irrigation system. All work shall be performed in accordance with the attached landscaping plan and Contractor's proposal dated July 22, 2016. JOB QUOTATION ITEM . UNil QTY DESCRIPtiON PRICE NO. I 1 1 Finish Grading Equipment $845.60 2 1 Geotextile, 3' Wide Cobble, 5 Boulders $1,916.00 3 1 121 LF of Split Rail Fence with Installation $8,805.00 4 $263.65 3 24" Box Laurus Nobilis-Standard $790.95 5 $7.90 24 1 Gallon Miscanthus Sinensis-Morning Light $189.60 6 $6.80 80 1 Gallon Lantana-New Gold $544.00 7 $18.50 11 5 Gallon Hesperaloe Parvifolia $203.50 8 $17.25 12 5 Gallon Salvia Leucantha $207.00 9 1 Fertilizer & Amendments $260.25 10 1 Tree Stakes and Ties $250.00 11 1 8 CY Carlsbad Stump Mulch $570.50 12 1 Parts and Labor for Irrigation Modification $4,617.00 13 1 Labor for Grading, Cobble, Boulders, Planting and $5,800.00 Mulching Total $24,999.40 Grand Total Shall Not Exceed $24,999.40 ELMWOOD STREET LANDSCAPE IMPROVEMENTS; CONT. NO. PKRC587 Page 6 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. &~eclC~fum~ ) County of C::::S~ ~~ ) On~'U.l\2£\~.9 beforeme, ~~\.~~~"" ~~\:-...~ C ' Date He Insert Narnear: Tit; OfthO~r personally appeared~ ~"-s-i\.. ~ c:..._~ 0-"':...i?-.. ~s:2"'-<e::.-~-, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~hose nam~is/~ subscribed to the within instrument and acknowledged to me that he/she/~xecuted the same in his/her~uthorized capaci~nd that byhis/her~gnatur~ the Instrument the perso~ or the entity upon behalf of whiCli"'fiie-perso~ted, 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. z WITNESS my hand and official seal. z ?; Place Notary Seal Above Signature ~~?­Si~~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: ____________ _ Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name:------::--<"=~~--Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ~~z::::__ __ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner-0 Limited Ge al 0 Individual / in Fact 0 Partner-0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Trustee 0 Guardian or Conservator 0 Other: ---:7""---------------0 Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Fendng, river rock and boulders to match streetscape across and the Cuftural Art Center HARDSCAPE SCHEDULE SYMBOL MATERIAL QTY €1 BOULDER2x2 1 ~ BOULDER 3x3 2 ~ BOULDER4x4 2 RIVER ROCK -3' wide strip along the street 340 SF POST-N-RAIL FENCE 121' LF PLANTING LEGEND WUCOLS REGION 3; WESTERN GARDEN ZONE -19 BOTANIC NAME COMMON NAME SIZE EVERGREEN/ HEIGHT/ DECIDUOUS QTY WIDTH BAY LAUREL 24• box Evergreen 30'/30' ELMWOOD STREET-LANDSCAPE IMPROVEMENTS CITY OF CARLSBAD PARKS & REC DEPT NISSHO OF CALIFORNIA, INC. WORK ORDER c City of Carlsbad arne Client Name Kyle Lancaster Authorized by (Print) Date THESE SIGNATURES BELOW CERTIFY THE AREAS Nissho Internal Only (Maintenance Department) Tom Baird Project Manager (Print) 7.22.2016 Date Sales Rep Approval (Sign) Mgmt Approval 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 Print Sign Date Sign Date