HomeMy WebLinkAboutBarkshire Laser Leveling Inc; 2015-04-20; PKRC545Tracking #:
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
INFIELD LASER LEVELING AT AVIARA AND CALAVERA HILLS COMMUNITY PARKS; PKRC54S
This agreement is made on the (^0 day of /VjQAxJP , 20 , by the
City of Carisbad, California, a municipal corporation, (hereinafter called "City"), and Bari<shire Laser
Leveling, Inc. whose principal place of business is PO BOX 986, San Juan Capistrano, CA 92693-0986
(hereinafter called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perfomn all wori< 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 General Provisions, and all proper amendments and changes made thereto in
accordance with this Contract, 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 Carisbad
Ordinances governing labor.
GUAi^NTEE. 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: Paul Meadows
(City Project Manager)
WAGE RATES. The general prevailing rate of wages for each craft or type of wori<er needed to execute
the contract shall be those as detennined 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. The contractor to whom the contract is
awarded shall not pay less than the said specified prevailing rates of wages to all wori<ers employed by him
or her in execution of the contract.
The Prime 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 perfomiance of any contract
for public wori<, unless cun-ently registered and qualified to perfomn public wori< pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN DIEGO REGION.
A. Contractor shall not allow any discharges from the construction site, which may have an adverse effect
INFIELD LASER LEVELING AT AVIARA AND
CALAVERA HILLS COMMUNITY PARKS;
PKRC545 Page 1 of 6 City Attomey Approved 3/6/15
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on receiving waters of the United States.
B. Contractor shall not allow any groundwater extraction water to be discharged from construction site
except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction
and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the
Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and
review all compliance requirements therein, including monitoring, testing, and reporting.
C. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail.
All perniit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the
Owner before project will be accepted and a Notice of Completion filed.
D. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required
of him by law for the execution of the viotk. He shall comply with all Federal, State and local laws,
ordinances or rules and regulations relating to the performance of said wori<.
E. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs)
during the completion of this agreement. All wori< must be in compliance with the most current San
Diego Regional Water Quality Control Board (RWQCB) permit, Carisbad Municipal code and the City
of Carisbad Jurisdictional Uriaan Runoff Management Plan (JURMP) incorporated herein by reference.
F. The Contractor shall indicate in his submittals mettiods of compliance, equipment utilized to insure
compliance, training of staff and experience in compliance with environmental regulations. If in the
opinion of the project manager, the Contractor is not in compliance with this provision CITY reserves
the right to implement BMP's to the maximum extent practical, and deduct payment due or back charge
the Contractor for implementation with a 15% mari^up for administration and overhead.
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 Califomia 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 infonnation or in reckless
disregard of the truth or falsity of the information.
The provisions of Carisbad 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 6\i\m^mAy subject the Contractor to an
administrative debarment proceeding wherein the contraolor relay ba^revented from further bidding on
public contracts for a period of up to five years and thavaebamenUDf another jurisdiction is grounds for
the City of Carisbad to disqualify the Contractor or subc^ti^^i^tor fp^ participating in contract bidding.
Signature:
Print Name: Sill Barkshire
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Wori<ers'
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 fumished 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 Califomia by the Insurance Commissioner.
INFIELD LASER LEVELING AT AVIARA AND
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PKRC545 Page 2 of 6 City Attomey Approved 3/6/15
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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 perfonnance 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 Carisbad as an additional insured.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Wori<ers' Compensation limits as
required by the Califomia Labor Code. Wori<ers' 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 perfonnance
of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable
law, mies 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 indirectty from the
nature of the wori< 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 Wori<: Contractor agrees to start within 30 worthing 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.
Barkshire Laser Leveling, Inc 4007 Calle Mayo
(name of Contractor) (street address)
757453 San Clemente, CA 92673
(Contractor's license number) (city/state/zip)
C2712/31/16 949-240-8779
(license class, and exp. date) (telephone no.)
949-240-8769
(fax no.)
INFIELD LASER LEVELING AT AVIARA AND
CALAVERA HILLS COMMUNITY PARKS;
PKRC545 Page 3 of 6 City Attomey Approved 3/6/15
Tracking #:
info@barkshireleveling.com
(e-mail address)
AUTHORITY. The individuals executing this Agreement and the instalments 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 tenns and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
(sign here)
Bill Barkshire, President
Assistant City Manager, Deputy City Manager
or Department Director
as authorized by the City Manager
(print name/title)
(sign here)
Betty Mallory, Secretary
BARBARA
City Cleri<
(print name/title)
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 A. BREy)/ER/6it^Att(yrney
BY:
'Assistant City Attorney
INFIELD LASER LEVELING AT AVIARA AND
CALAVERA HILLS COMMUNITY PARKS;
PKRC545 Page 4 of 6 City Attomey Approved 3/6/15
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 (Vavy^
On April 1> , loiS before me,
}
}
"3.
(Here insert nam^and title of theiofficer)
personally appeared (5(11 6ft/"k^W^C ^ 6^14^ /^(xiioc^
who proved to me on the basis of satisfactory evidence to be the'c who provedJto me on the basis of satisfactory evidence to be the' person(s) whose
name(sXjs/^r^subscribed to the within instfument and acknowledged to me that
he/she^tiey)Bxecuted the same in his/herihein authorized capacity(ies), and that by
his/hel^Jhe^5 signature(s) on the instrumenntre person(s), or the entity upon behalf of
which trfe^erson(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.
WITNESS my hand and official seal.
PAUL J. HANSEN )
COMM...2037978
NOTARY FUBUC-CALIFORN.iA
ORANGE COUNTY L.
My Term Exp. August 20,20ir |
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMAT
DESCRIPTION OF THE ATTACHED DOCUMENT
M^y^o^ PghVo WorlCf
(Tltie or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
ON
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
• Corporate Officer
(Title)
• Partner(s)
• Attorney-in-Fact
• Trustee (s)
• Other
2015 Version www.NotaryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document Acknowledgments
from other states may be completedfor documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the coiTect singular or plural forms by crossing off incorrect forms (i.e.
he/she/theyr is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment fonn.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional infonnation is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
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 perfomried under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perfomn 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
Califomia Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to
be Subcontracted
Business Name and Address License No.,
Classification &
Expiration Date
%of
Total
Contract
Total % Subcontracted:
INFIELD LASER LEVELING AT AVIARA AND
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PKRC545 Page 5 of 6 City Attomey Approved 3/6/15
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EXHIBIT B
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 1 1 Sports field renovations - laser leveling of one skinned
infield at Aviara Community Park
1,900.00
2 1 1 Sports field renovations - laser leveling of three skinned
infields at Calavera Hills Community Park
4,500.00
TOTAL* 6,400.00
'Includes taxes, fee's, expenses and all other costs.
INFIELD LASER LEVELING AT AVIARA AND
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PKRC545 Page 6 of 6 City Attomey Approved 3/6/15
^ AMjr\^3>jnlil. ESTIMATE
LASER LEVELING, INC.
PO Box 986
San Juan Capistrano, CA 92693-0986
(949)240-8779
(949)240-8769 fax
DATE ESTIMATE ...
3/14/2015 2126
NAME/ADDRESS
City of Carlsbad
Attn: Rodney Nistiimoto
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Contractors License #757453 €27
DIR1000007321
P.O. NO. TERMS
Net 30
DESCRIPTION QTY COST TOTAL
Sportsfield Renovations
Prepare by ripping and laser level skinned infield on the larger infield
at Aviara Park for the City of Carlsbad. A recommendation of 50 to
75 ton of Corona Clay be brought in to assist with the leveling
process.
Sportsfield Renovations
Prepare by ripping and laser level skinned infields at Calavera Hills
Park for the City of Carlsbad. A recommendation of 25 ton of
material be brought in to each infield to assist with the leveling
process.
1,900.00 1,900.00
1,500.00 4,500.00
All base pegs and irrigation fixtures must be marked,
responsible for damage to unmarked irrigation.
Not
The entire surface to be laser leveled will need to be watered heavily
prior to the project. Proper moisture content is achieved when a knife
or screwdriver can be inserted easily to a depth of 2-3 inches. The
best procedure is to rough grade the infield and then bring in new
material to blend with the old.
0.00
0.00
0.00
0.00
Phone # Fax# E-mail
949-240-8779 949-240-8769 info@barkshireleveling.com
TOTAL
www.barkshireleveling.com
Page 1
\5r BARKSHIRE
LASER LEVELING, INC.
PO Box 986
San Juan Capistrano, CA 92693-0986
(949)240-8779
(949)240-8769 fax
ESTIMATE
DATE ESTIMATE ...
3/14/2015 2126
NAME/ADDRESS
City of Carlsbad
Attn: Rodney Nishimoto
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Contractors License #757453 C27
DIR1000007321
P.O. NO. TERMS
Net 30
DESCRIPTION QTY COST TOTAL
Estimate includes all labor, equipment and mobilization fees.
Unless advised by customer, this project is bid at prevailing wage.
Please call with any questions regarding this estimate.
Sign below and fax back with approval and scheduling.
Signature_
Date
0.00 0.00
Phone # Fax# E-mail
949-240-8779 949-240-8769 info@barkshireleveling.com
TOTAL $6,400.00
www.barkshireleveling.com
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