HomeMy WebLinkAboutMotivational Systems Inc; 2015-11-02; PKRC560Tracking #:
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
SPECIAL EVENT KIOSK SIGN INSTALLATION
CONT. NO. PKRC560
This agreement is made on ttie day pf KJ0V^6VY\ , 20 IS bv ttie
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Motivational Systems,
Inc. whose principal place of business is 2200 Cleveland Ave. National City, CA 91950 (hereinafter called
"Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perfomi 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: Mick Calarco, (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. The contractor to whom the contract is
awarded 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.
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" forthe 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.
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.
Special Event Sign Kiosk Installation; CONT. NO. PKRC560 Page 1 of 6 City Attorney Approved 10/6/15
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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 debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor 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 bythe 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-:Vir'; 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 priorto 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
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
Special Event Sign Kiosk Installation; CONT. NO. PKRC560 Page 2 of 6 City Attorney Approved 10/6/15
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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 90 working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
Motivational Systems, Inc.
(name of Contractor)
482116
(Contractor's license number)
C&D-Nov. 30, 2015
(license class, and exp. date)
10000005710
(DIR registration number)
June 30, 2016
(DIR registration exp. date)
2200 Cleveland Ave
(street address)
National City, CA91950
(city/state/zip)
619-474-8246
(telephone no.)
619-474-3638
(fax no.)
acabrera@motivational.com
(e-mail address)
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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.
CITY OF CARLSBAD, a municipal corporation
of the State of California
(print name7title) /
;ity Maffafep5f, Deputy City Manager
-efDepartment Director
as authorized by the City Manager
Chris Hazeltine
BARBARA ENGLESO
City Clerk
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. BREWER, City Attorney
BY: •MA.
j\ssistant City Attorne'^
Special Event Sign Kiosk Installation; CONT. NO. PKRC560 Page 4 of 6 City Attorney Approved 10/6/15
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 ofthat document.
State of California ^ _.
County of San Diego _)
On October 15, 2015 before me. Nicole Arsenault, Notary Public
(insert name and title of the officer)
personally appeared Tony F. Young and Joe Jordan-
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.
WITNESS my hand and official seal.
Signature (Seal)
1 NICOLE ARSENAULT
Commission #2011262
Notary Public - California |
San Diego County ^
My Comm. Expires Mar 11.2017 »
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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
be Subcontracted
Business Name and Address DIR Registration
No.
License No.,
Classification &
Expiration Date
%of
Total
Contract
" Kl OK (£ "
Total % Subcontracted:
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EXHIBIT B
SCOPE OFWORK
WVt Motivational juSy Systems lnc
2200 Cleveland Ave.
Nalional City, CA, 91950
Phone (619) 471-8246 Fax (619) 474-3638
Quote #00067931
Account #
Client Name
Address
Contract #
1CAR120 00186712
CITYOFCARLSBiVD
1200 CARLSBAD VILLAGE DR
CARLSB.\D VILLAGE DRIVE CARLSBAD, CA 92008
CA 92008
00067931
Dats
Project Name
Location
10/08/2015
CITYOFCARLSB.VD
1200
CARLSBAD,
Non-Taxable
Salesperson .WDREW CABRER.A
Line Qty Product ID 'fllHHBBHHHHH^^
1. 16 2" Sq. Telfspar Posts
Provide [16] 10' iong x 2" square Telespar posts fornew City of Carlsbad event
sign headers, total of [8] locations, [2] posts per location.
2. 16 Ea. Powder Coat Finish
Provide black powder coat fini.sh for each post, totai [16].
3. 1 Installation Part 1
Install posts into concrete footings at each cuirent event sign location, total [8]
locations. Posts will be set in concrete and allowed to cure prior to header installation.
***Prevailing Wage Rates added 10-8-15.
4. 1 Installation Part 2
Assemble new event sign headers onto new posts, [2] headers per location.
Remove old post and sign structures and IrasK
***Prevailing Wage Rates added 10-8-15.
axable
$ l,39o.00
$316.00
$0.00
$ 0.00
$0.00
$ 1,920.00
$ 1,440.00
TAXABLE SLB TOTAL S 2,308.00
SALES T.\X@ 8.00% S 184.64
NON-TA-XABLE $ 3,360.00
TOTAL $ 5,852.64
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