HomeMy WebLinkAboutNissho of California Inc; 2014-09-10; PKRC546Tracking #:PKRC546
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
TRASH RECEPTACLES AND BENCH REMOVAL AND REPLACEMENT;
CONT. NO. PKRC546
This agreement is made on the /O'^ day of Sepfeg<^gr~ , 20_/f^by the
City of Carlsbad, California, a municipal corporation, (hereinafter balled "City"), and Nissho of California,
Inc. whose principal place of business is 1902 South Santa Fe Ave, 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)
PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad Municipal
Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is
not a statewide concern. Payment of prevailing wages is at Contractor's discretion.
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.
Trash Receptacles and Benches; CONT. NO. PKRC546 Page 1 of 5 City Attorney Approved 2/7/13
Tracking #:PKRC546
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 subconjp^tor 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 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 California by the Insurance
Commissioner.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than $500,000
Subject to the same limit for each person on account of one accident in an amount not less than
$500,000
Property damage insurance in an amount of not less than $100,000
Automobile Liability Insurance in the amount of $100,000 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.
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 10 working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within 25 working days after receipt of Notice to
Proceed.
Trash Receptacles and Benches; CONT. NO. PKRG546 Page 2 of 5 City Attomey Approved 2/7/13
Tracking #:PKRC546
CONTRACTOR'S INFORMATION.
Nissho of California, Inc.
(name of Contractor)
#598372
(Contractor's license number)
(license class, and exp. date)
1902 South Santa Fe Ave.
(street address)
Vista / CA / 92083
(city/state/zip)
(760) 727-9719
(telephone no.)
(760) 727-8706
(fax no.)
tbaird@nisshoca.com
(e-mail address)
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
By:
(sign here) /
(print name/title)
lent Director
as authorized by the City Manager
Chris Hazeltine
By: ATTEST;
Jl
(sign here)
(print name/title)
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. JLi
corporation. Agreement must be signed by one corporate officer from each ofthe 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.^REWER^ City Attorne
BY;
City Attorney
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EXHIBITA
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 License No.,
Classification &
Expiration Date
%of
Total
Contract
Total % Subcontracted:
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EXHIBIT B
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 Project
This proposal is for the replacement of 75 trash
receptacles and 35 benches in downtown Carlsbad
Village. The old trash receptacles will be removed
to a holding area and new receptacles. Model
SLURB-45SS, will be put in place the same day.
Old receptacles will be hauled to a concrete recycler
after all new receptacles are installed. Old benches
will be removed and new model SBCOP-78S
benches will be put in their place.
The City of Carlsbad will purchase all new trash
receptacles and benches.
1 Project
Equipment (skip loader + delivery, drill + bits,
generator, right angle grinders + blades) $5,405.
Dumpster + dump fees $4,060.
Foreman, laborers, dump truck driver $11,022
Equipment Operator $420.
TOTAL* $20,907
'Includes taxes, fees, expenses and all other costs.
Trash Receptacles and Benches; CONT. NO. PKRC546 Page 5 of 5 City Attomey Approved 2/7/13
NISSHO OF GALIFORNIA, INC.
1902 South Santa Fe Avenue, Vista, Califonnia 92083 Phone 760.727.9719 Fax 760.727.8706
License #598372
NISSHO JOB # CLIENT P.O. #
WORK ORDER PROPOSAL LC50
C.O.C. IVIedians
Project Name
(760)434-2922
Client Phone #
vle.lancastert5icarlsbadca.qo
City of Carlsbad
Client Name
Kyle Lancaster
Authorized by (Print)
email Authorized by (Sign) Date
Nissho Intemal Only
(Maintenance Department)
Dennis Campos
Project Manager (Print)
Sales Rep Approval (Sign) Mgmt Approval
DETAILED DESCRIPTION OF WORK TO BE PERFORMED
This Proposal is for the replacement of 75 trash receptacles and 35 benches in Downtown Carisbad Village. The old
trash receptacles will be removed to a holding area and new receptacles, Model SLURB-45SS , will be put in place the
Old benches will be removed and new Model SBCOP-78S Benches will be put In their place-
same day. Old receptacles will be hauled to a concrete recycler after all new receptades are installed
Citv of Carisbad will purchase All New Trash Receptacles and Benches.
MATERIALS QTY PRICE TOTAL
Equipment (Skip Loader + Delivery, Drill + Bits, Generator, Right AnjJtGrinders+Blades) 1 $5,405.00 $ 5,405.00
$
Dumpster + Dump Fees 1 $4,060.00 $ 4,060.00
$
$
$
$
$
UBOR HRS RATE TOTAL
Foreman, Laborers, Dump Truck Driver 334 $ 33.00 $ 11,022.00
Equipment Operator 12 $ 35.00 $ 420.00
$
$
$
GRAND TOTAL $ 20,907.00
THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTED BY THE UNDERSIGNED
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 Sign Date
Print Sign Date