HomeMy WebLinkAboutTot Lot Pros Inc; 2016-07-15; PKRC583Tracking#:
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
CALAVERA HILLS COMMUNITY PARK SHADE STRUCTURES; CONT. NO. PKRC583
This agreement is made on the } 5-th day of J U , 20Jk, by the
City of Carlsbad, California, a municipal corporation, (hereinafter called 'City"), and Tot Lot Pros, Inc. whose
principal place of business is 14688 El Molino Street, Fontana, CA 92335 (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.
CALAVERA HILLS COMMUNITY PARK
SHADE STRUCTURES;
CONT. NO. PKRC583 Page 1 of 8 City Attorney Approved 2/29/2016
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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 deb ent b other jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subco ctor R icipating in contract bidding.
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 shaH 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
CALAVERA HILLS COMMUNITY PARK
SHADE STRUCTURES;
CONT. NO. PKRC583 Page 2 of8 City Attorney Approved 2/29/2016
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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 30 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.
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Tot Lot Pros, Inc.
(name of Contractor)
967975
(Contractor's license number)
11/30/2017
(license class. and exp. date)
1000002374
(DIR registration number)
6/30/2017
(DIR registration exp. date)
CALAVERA HILLS COMMUNITY PARK
SHADE STRUCTURES;
CONT. NO. PKRC583 Page 3 of8
14688 El Molino Street
(street address)
Fontana, CA 92335
(city/state/zip)
909-350-9500
(telephone no.)
909-350-9502
(fax no.)
travis@totlotpros. com
(e-mail address)
City Attorney Approved 2/29/2016
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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
1gn he
s~ \(_ ::rr (l!~ .\ )~< ~s·. J.LJ--
(print n e/title)
By:
~~--~~
(s1gn here)
~o.,f~ ':::> ~\t\r!>± ·~ Stc.C@rJA
(print name/tit e) -,.J
CITY OF CARLSBAD, a municipal corporation
of the State of California
By: zg~
As . tant c· Manager, Deputy City Manager
or Department Director
as authorized by the City Manager
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If 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 dER, City Attorney
BY: /~
~istel'lt City Attorney
.IJc-tu!y
CALAVERA HILLS COMMUNITY PARK
SHADE STRUCTURES;
CONT. NO. PKRC583 Page 4 of8 City Attorney Approved 2/29/2016
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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
be Subcontracted
Total % Subcontracted: ~ Qf1(...
CALAVERA HILLS COMMUNITY PARK
SHADE STRUCTURES;
CONT. NO. PKRC583
No.
Page 5 of8
License No., %of
Classification & Total
Expiration Date Contract
City Attorney Approved 2/29/2016
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EXHIBITB
Tot Lot Pros, Inc. will provide and install five shade structures at Calavera Hills Community Park. All work
shall be performed in accordance with the attached Contractor's proposal dated June 29, 2016.
ITEM
·.· DESCRIPTION
NO.
1 Materials:
• Two (2) Independent Cool Toppers
Three (3) Cool Toppers Incorporated in play ground
• Sales Tax 8%
• FreiQht
2 Installation:
• Install five (5) Cool Toppers
• Remove existing posts and replace with shade posts
• Remove and repair surfacing as needed
• Install and remove security fence around play area
3 Performance Bond
TOTAL*
*Includes taxes, fees, expenses and all other costs.
CALAVERA HILLS COMMUNITY PARK
SHADE STRUCTURES;
PRICE '
$17,500.00
$1,400.00
$3,800.00
$14,000.00
$1,101.00
$37,801.00
CONT. NO. PKRC583 Page 6 of8 City Attorney Approved 2/29/2016
EXHIBIT C
LABOR AND MATERIALS BOND
Tracking f:l:
Bond#: 704833P
Premium: $975.00
WHEREAS, the City Council of the City of Carlsbad, State of Cal'lfornia, has awarded to Tot Lot Pros, Inc.
(hereinafter designated as the "Principal"), a Contract for:
CALAVERA HILLS COMMUNITY PARK SHADE STRUCTURES
CONTRACT NO. PKRC583
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 kind, the Surety on this bond will pay the same to
the extent hereinafter set forth.
NOW, THEREFORE, WE, Tot Lot Pros, Inc., as Principal, (hereinafter designated as the "Contractor"), and
Indemnity Company of California as Surety, are held firmly
bound unto the City of Carlsbad in the sum of thirty-seven thousand eight hundred and one dollars
($37,801.00), said sum being an amount equal to: One hundred percent (1 00%) 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.
CALAVERA HILLS COMMUNITY PARK
SHADE STRUCTURES;
CONT. NO. PKRC583 Page 7 of 8 City Attorney Approved 2/29/2016
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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 \\ '"=-' day
____, 20 lV.
CONTRACTOR:
(sign h )
'1 {)..L \(_ S+ f ·ve.~L,\
(print nam here)
?r~~ c.\ lz,-\-Ltrt Yr~, \ot. I (title and organization of signatory)
By:-? -:z-z::;:: -
(sign here)
(print name here)
Executed by SURETY this _7t_h ____ day
of ____ Ju_ly'---------' 20_1§_.
SURETY:
Indemnity Company of California
(name of Surety)
17771 Cowan Suite 100, Irvine, CA 92614
916-924-9112
(attach corporat
attorney)
(address of Surety)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
power of
(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 Attorney.. /
By: l,t_key~
,.Assistaflt City Attorney
ll';:ultj
CALAVERA HILLS COMMUNITY PARK
SHADE STRUCTURES;
CONT. NO. PKRC583 Page 8 of 8 City Attorney Approved 2/29/2016
ACKNOWLEDGMENT
A notary public or other officer completing this ~
certificate verifies only the identity of the individual I
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitygfJhat dO£~ment. ~mm ~--.......... ~-
State of California
County of Fresno
] /1 J / J? before me, Roberta Voss, Notary Public
j I (insert name and title of the officer)
On
personally appeared Justin Smit __
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(JSJ) is/~
subscribed to the within instrument and acknowledged to me that he/&nootlooy<executed the same in
his/b!eJr/tlooU authorized capacity(~). and that by his/l<~r/t~~R signature(Jii) on the instrument the
person(3I), or the entity upon behalf of which the person~) 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.
WITNESS my hand and official seal.
(Seal)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725. IRVINE. CA 92623 (949) 253-3300
KNOW ALL BY THE:Sc PrESeNTS that except as expressly limited. DE'/ELOPE~S SURETY AND lND::MNITY COiviP.A.NY and IND::IviNlTY COMPANY OF CALIFORNIA, de each
hereby make. constitute and appoint
•••Roberta Voss. Justin Smit, Ann M. Ferguson, Mary Beth Smith, Mathew B. Harbeck, Matt DeFendis, Amber Gray, join:ly or
severally"-
as their true and lawful Attomey(s)-in-Fact. to make. execute. deliver and acbowledge. for and on behalf of said corporations, as sureties, bends, undertakings and contrac+.s of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perfomn every ac: necessary. requisite or proper to be done in connection therewith as
each of said corporations could do. but reserJing to each of said c:xporations full power of substitution and revocation. and all of the acts of said Attomey(s)-in-Fact. pursuant to these
presents, are hereby ratified and confimned.
This ?ower of Attorney is granted a~d is signed by facsimiie under and by authority of the following resolutions adcpted by the respective 3oar·:ls of Directors of DEV:::LOP::?.S SURETY
AND INDEMNiTY COMPANY and INDEiviNITY COiviPANY OF CALIFORNIA, effective as of January 1st. 2008.
R::SOLVED. that a combination of any two of the Chairman of the Board. the President. =:xecutive Vice-President, Senior Vice-President or any Vice President of the
corporations be, and that each of them hereby is. authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the
corporations. bonds, under.akings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations ~e. and each of them hereby is. authorized
to attest the execution of any such Power of Att:Jrney;
PESOLVED, FURTH::?., that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITN::SS WHE?.ECJF, DEV::LOP::RS SUR::TY AND IND:OiviNiTY COMPANY and INDEMNITY COiviP..C..NY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretart or .A.ssistant Secretary this January 29, 2015.
sy~a4~
Daniel Young. Senior Vice-President
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 Orange
On ____ _,J'-=a""nu"'· a"'rv~-:.:?9"'."'2"'"0-'15,__ ____ before me.
Date
Lucille Ravmond. Notary Public
Her~ Insert Name and Title of the :ffi::er
personally aopeared ___________________ __,D::..:a::.:n:,:eie::..l Y-"o::..:u::.:n:<.g .::an::,:d,_lvl~ar::.:k,.:L::::anc::.s:.:::d::::::m~--------------------
Name(s) <Ji Sign91'"(s)
Place Notary Seai.llbove
who proved to me :Jn the basis of satisfactory evidence to be the person(s) whose name(s) isiare 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 e~tity upon behalf of
which the person(s) acted, executed the instr•Jment
I :er:ify under P:O:NALTY OF ?::?.JURY under t:le laws of the S3te of Caiiiomia that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
CERTIFICATE
'ihe undersigned. as Secretary or .~ssistant Sec~etary of DE'!:::LOP:O?.S SUR:OTY AND !ND::MNITY COiviP.~NY or INDEMNITY COMP.A.NY OF CALIFORNIA., does hereby
:ercify that the foregoing Power of .A.ttomey remains in full force and has not been revoked and. furthermore. that the provisions of the resolutions of the respective 3oar:Js of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Cer'Jficate.
This Certificate is executed in the City oi Irvine. California. this 7 ~ dayof -J
ID-1380(Rev.01115)
14688 El Molino St.
Fontana, CA 92335
Phone: 909-350-9500
Fax: 909-350-9502
jack@totlotpros.com
www.totlotpros.com
Estimate
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Calavera Hills Park
2997 Glasgow Dr.
Carlsbad, CA 92010
CA Contractor Lie #967975
DIR #1000002374
Purchase and Provide Landscape Structures Cool Toppers per Coast Recreations Quote Dated 6/28/2016 22,700.00
Material Total: $17,500.00
Tax 8.0%: $ 1,400.00
Freight: $ 3,800.00
***A deposit of $11,350.00 will be required to order the Equipment***
Install (2) Independent Cool Toppers, and (3) Cool Toppers incorporated in play ground Includes removing
existing post and replacing them with shade posts, remove/replacing rubber as needed , and Security fencing.
14,000.00
Cost for Payment and Performance Bond 1,101.00
Terms: Net 30 ***Pricing Based on Prevailing Wages*** Total $37,801.00
Estimate Prepared By: TH
Signature. __________ _ Print ~-----------Date ___ _
Please see the Tot Lot Pros Terms of&rvice. By contracting our services, you agree to the Tot Lot Pros Terms of&rvice unless
otherwise noted in a separate contract.
•custom products are 1hown a& conceptual only. *Custom product manufaduring time for1his project will be approximately4 weeb &om tho timo of LSI onlor acceptance.
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landscape
structures·
Better playgrounds.
Better world.®
playlsi.com
Calavera Hills Community Park
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Carlsbad. CA July 14,2016 96319-1-1-2
02016 Landscape Structures. All Rights RMetved.
Proudly presented by:
Mike Eisert je;e£l!av/Nc
... Cu:stom product~ aro ahown aa conceptual only. *Cudom product manufaduring time for1his pmjedwill be approxjmately4 weeb from tho tirno ol LSI order acceptance.
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landscape
structures·
Better playgrounds.
Better world.®
playlsi.com
Calavera Hills Community Park
Carls~ad. CA July H , 2016 96319-1-1-1
0201 6 Land•cape Sbucturea. AU Rights Ro.uuved.
Proudly presented by:
Jt.,f!J!f!w INC.
Mike Eisert
&~ =:=-~ tlnM:
time of LSI ons.r ocoeptance.
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