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HomeMy WebLinkAboutNissho of California Inc; 2017-05-01; PKRC615Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CANNON ROAD TRAIL RENOVATION; CONT. NO. PKRC615 This agreement is made on the /:::}:; day of -!........1.--/-....l...o<:~~------' 20.1.1. by the City of Carlsbad, California, a municipal corporation, (hereinafter called ' it "), and Nissho of California, Inc. whose principal place of business is 1902 South Santa Fe Avenue, Vi , 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. CANNON ROAD TRAIL RENOVATION CONT. NO. PKRC615 Page 1 of 8 City Attorney Approved 9/27/2016 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 t debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or s ontractor from participating in contract bidding. Signature: Print Name: 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 ah 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. CANNON ROAD TRAIL RENOVATION CONT. NO. PKRC615 Page 2 of8 City Attorney Approved 9/27/2016 Tracking#: 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 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. 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) II II II II II II CANNON ROAD TRAIL RENOVATION CONT. NO. PKRC615 Page 3 of8 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) City Attorney Approved 9/27/2016 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 By71 (sign here) -c;""-3A-iw~ lftC.r J:ke S.tcL<\-M-\- (print name/title) By: ~u;t;:, (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: , eputy City Manager or Department Director as authorized by the City Manager ~Q.Ao.£11/c~ BARBARA ENGLESON ~ City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!!...a 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 ZWER, City Attorney BY: e~,£{~~.LL.(.a---::. Assistant City Attorney ~ CANNON ROAD TRAIL RENOVATION CONT. NO. PKRC615 Page4 of8 City Attorney Approved 9!2.7/2016 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 Sa f\ 1) 1--e eJ 0 ) On I q fltxi {1 '2111 t-z before me, Ama ndOt Lut? 1 /\; o':hA Y\.( fob I, c Date Ib /] Here Insert Name and Title of the Officer personally appearedOYhQ S H · J3 a,' rd '1() d. (2 eu'll'q Name(s) of Signer(s) Gn. bo\\ehn '----------- who proved to me on the basis of satisfactory evidence to be th_e _person(s) whose name(s) ,;g7are ~~bscribed to the within instrument and acknowledged to me that 1)6/~/they executed the same in tys/h,lr/their authorized capacity(ies), and that by J;ls~r/their signature(s) on the instrument the person(s), or tHe entity upon behalf of which the person(s) actetl, executed the instrument. I certify under PENALTY OF PERJURY under the laws seas nnss·aa·aa- of the State of California that the foregoing paragraph is true and correct. AMANDA LUTZJ COMM. #2138854 ~ NOTARY PUBLIC·CALIFORNIA "': SAN DIEGO COUNTY My Comm Expires Jan. 1 2020 Place Notary Sea/ Above Signatur ------------------~--------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: _____ _ Signer(s) Other Than Named Above: ----------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:------------- Signer Is Representing:--------- Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ____________ _ Signer Is Representing: ________ _ • ©2015 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 DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract (l() (\-f./ Total % Subcontracted: ------ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. CANNON ROAD TRAIL RENOVATION CONT. NO. PKRC615 Page 5 of8 City Attorney Approved 9/27/2016 EXHIBITS SCOPE OF SERVICES Tracking#: Nissho of California, Inc. (Nissho) will renovate ten areas of the Cannon Road decomposed granite trail along College Boulevard, between Peninsula Drive and Sage Creek Canyon High School. Nissho will scarify damaged areas of decomposed granite, apply new stabilized decomposed granite where needed and compact and apply a topical stone bonding agent. All work shall be performed in accordance with the attached Contractor's proposals. ITEM DESCRIPTION PRICE NO. 1 Materials and Equipment: $7,234.01 • Decomposed granite (desert gold) • Topical stone bonding agent • Rototiller and vibrate plate 2 Labor: • Grading and demolition - 2 laborers $15,840.00 • Grading and demolition - 1 tender $2,904.00 TOTAL $25,978.01 Contract amount shall not exceed $25,978.01 CANNON ROAD TRAIL RENOVATION CONT. NO. PKRC615 Page 6 of8 City Attorney Approved 9/27/2016 Tracl<ing #: EXHIBIT C Bond No.: CMGP0000354 LABOR AND MATERIALS BOND Premium : $649.00 WHEREAS, the· City Council of the City of Carlsbad, State of California, has awarded to Nissho of California, Inc. (hereinafter designated as the "Principal"}, a Contract for: CANNON ROAD TRAIL RENOVATION CONTRACT NO. PKRC615 In the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any l<lnd, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Nissho of California, Inc., as Principal, (hereinafter designated as the "Contractor''), and ArQonaut Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of twenty-fiVe thousand nine hundred seventy-eight dollars and one cent($25,978.01}, said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. CANNON ROAD TRAIL RENOVATION CONT. NO. PKRC615 Page 7 of8 City Attorney Approved 9/27/2016 Tracl<lng #: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 2'-f Jc... Executed by SURETY this ·day day of tfr· { CONTRACTOR: ,2ojl. Nissho of California, Inc. ..,-_<"!'!_ of Contractor) By: ______ ·~·~~~~~~-------------(sign here) (print name here) 1/tu ?rc.s,£t2-rvf a,.~rtw e:f G4 (title and organization of signatory) By: ~ur: (sign here) Ct~tt'lf. b· /)G{(£+m (title and organi 1on of signatory) of APR 0 3 2017 ,20 . SURETY: Argonaut Insurance Company (name of Surety) C/0 CMGIA 20335 Ventura Blvd Suite 426 Woodland ~ (address of Surety) 866-363-2642 By: (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorn?Y_ / By:~ Deputy City Attorney CANNON ROAD TRAIL RENOVATION CONT. NO. PKRC615 Page 8 of8 City Attorney Approved 9/27/2016 Bond No.: CMGP0000354 Argonaut Insurance Company Premium : $649.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company. a Corporation duly organized and existing under lite laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate. constitute and appoint: · Gabriella Grady Shilo Lee Losino Stephanie Hope Shear Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named ab9'Ve, tci~ake, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and otner undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $10 000 000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice ~)resident, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney. and such authority can be executed by use off:' · e signature. which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in.~e giv o~er of attorney. to execute in behalf of. and acknowledge as the act and deed of the Argonaut Insurance Company. all bond undertakings an4:tontracts dfsuretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its officilll.seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 18th day of July, 2013. •'''"'''"''•• Argonaut Insurance Company •'" -\SU~N: ·~, STATE OF TEXAS COUNTY OF HARRIS SS: ........ ~'T-.·········.c~·,. .... ~ ~ •• ·(pfPOfl..t;o;,· •• CO\ f l{sEAL"l ~! : (!). • ,)j: ~ ~\ 1948 /'<!-; by: \ •• •• k£1N0~'>/ ~~ .. ., ········· .. .. .. ,., * ....... .. ......... , ..... Joshua C. Betz , Senior Vice President On this 18th day of July, 2013 AD., befOie me, a Notary Public of the State of Texas. in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument. and he acknowledged the execution of same, and being by me duly sworn. deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. e KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 07-15-2017 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 1&__ day of _ _,_A_,p....,_,ri..._l _____ _,, 2017 . Sarah Heineman , VP-Underwriting Surety THIS DOCUMENT IS NOT VALID l!NLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLlJE. IF YOl! HAVE Ql!ESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 -8400. ''\.,''• ·, 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 LOS ANGELES On _ ___cA:....:.:P_,_R-=----=-0_,3'----=20=-=1_,_7 __ before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared _______ G_A_B_R_I_E_L_LA_G_R_A_D_Y ______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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. SHIRLEY GIGGLES Notary Public • California Los Angeles Count~ Commission# 2163817 i My Comm. Expires Sep 7, 20201 - Place Notary Seal Above -----------------------------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: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other:-------------Signer Is Representing: ________ _ Signer Is Representing: ________ _ cX:.~~~~~~~~~~~~~··,x:Xf<:;q:(.~~~~m;<:X;.'Q<)'! ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907