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HomeMy WebLinkAboutNissho of California Inc; 2014-11-19; PKRC539Tracking #: CITY OF CARLSBAD IVIINOR PUBLIC WORKS CONTRACT IVIAXTON BROWN PARK IIVIPROVEIVIENTS; PKRC539 This agreement is made on the / ^-^h^ day of r^/ovycm^g/^ 20 1^. by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and NISSHO OF CALIFORNIA, INC. whose principal place of business is 1902 South Santa Fe Avenue. 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: Kvle 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 concem. Payment of prevailing wages is at Contractor's discretion. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN DIEGO REGION. A. Contractor shall not allow any discharges from the constmction site, which may have an adverse effect 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 Constmction 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 permit 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 work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. E. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS; PKRC539 Page 1 of 8 City Attorney Approved 2/7/13 Tracking #: current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. F. The Contractor shall indicate in his submittals methods 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% markup 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 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 subggmJKactor from participating in contract bidding. Signature: Print Name: ( T^t=*.vf~^ 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. MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS; PKRC539 Page 2 of 8 City Attomey Approved 2/7/13 Tracking #: 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 /€> working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ^ ^ working days after receipt of Notice to Proceed. // // // // // // // // // // // // // // // // // // MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS; PKRC539 Page 3 of 8 City Attorney Approved 2/7/13 Tracking #: CONTRACTOR'S INFORMATION. NISSHO of California, Inc. 1902 South Santa Fe Avenue (name of Contractor) #598372 (street address) Vista, CA 92083 (Contractor's license number) July 31, 2016 (license class, and exp. date) (city/state/zip) 760.727.9719 (telephone no.) 760-727.8706 (fax no.] (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. CONTRACTOR By: i (sign here) (print name/title) By: (sign here) Cecilia Dolleton (print name/title CITY OF CARLSBAD, a municipal corporation ofthe State of California Assistant City Manager, Deputy City Manager ar Dopartment Diroctof as authorized by the City Manager Kathryn B. Dodson EST: BARBARA ENGLgSO 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^JgyORM: CELIA A<^Ey)/^Cjl/Attorney BY: MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS; PKRC539 Page 4 of 8 City Attorney Approved 2/7/13 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 ofthe 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 0 Total % Subcontracted: mi MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS; PKRC539 Page 5 of 8 City Attorney Approved 2/7/13 Tracking #: EXHIBIT B JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Unit 1 Installation of split rail fencing, mow curbs, new plant material and modified irrigation 32,880.75 TOTAL* $32,880.75 *lncludes taxes, fee's, expenses and all otiier costs. MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS; PKRC539 Page 6 of 8 City Attorney Approved 2/7/13 Tracking #: EXHIBIT 0 LABOR AND MATERIALS BOND 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: MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS CONTRACT NO. PKRC539 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, Nissho of California, as Principal, (hereinafter designated as the "Contractor"), and State National Insurance as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty- two Thousand Eight Hundred Eighty Dollars and Seventy-five Cents ($32,880.75), 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. MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS; PKRC539 Page 7 of 8 City Attorney Approved 2/7/13 Tracking #: 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 3 day of November ^ 20 14 CONTRACTOR: day (name of ContTactSi^ Executed by SURETY this 27 of October , 2014 . SURETY* ' State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc. (name of Surety) 20335 Ventura Blvd., Suite 426, Woodland Hills, CA 91364 (sign here) (print name here) (title and orgS^zatlon of signatory) By: ^"TV (sign here) (address of Surety) 866-363-: (signature of Attorney-in-Fact) Stephanie Hope Shear/Attomey-In-Faci (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (print name here) (title and organization of signatory) (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 Attorney By: MAXTON BROWN PARK LANDSCAPE IMPROVEMENTS; PKRC539 Page 8 of 8 City Attomey Approved 2/7/13 BondNo.: CDGP101041 Premium: N/A Taxes & Fees: N/A State National Insurance Conipany, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws ofthe State of Texas, having its principal oiFice in Bedford, Texas does hereby constitute and appoint , Stephanie Hope Shear its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: Maxton Brown Park Landscape Improvements: PKRC.5.39 fori Three Million and 00/100 Dollars ($3.000.000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANV, INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 24th day of March, 2014. STATE NATIONAL INSURANCE COMPANY, INC. Terry L. Ledbetter, President Trace Ledbetter, Secretary STATE OF TEXAS County of Tarrant On this24t!i day of March, 2014 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order ofthe Board of Directors of said Company. IN WITNESS WHEREOF, 1 have hereunto set my hand at Bedford, Texas the day and year above written. ejg^ MtoTdyDavis I lA Notary PubNc. | » Stata of Icitxas { [Notary Stamp] Signature of Notary y^p^ Notary PubNc. | ^Nj^ I, Trap? Udbettgr. Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attomey executed by STATE NATIONAL INSURANCE COMPANY, INC., which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this 27thdav of October , 20_14 Trace Ledbetter, Secretary CMGIA-SNIC-SUR-014-03/14 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles • ^ OCT 2 7 2014 On beforeme, JAN MICHELLE RIVERA. NOTARY PUBLIC NAME. TTTLE OF OFFICER DATE Personally appeareci STEPHANIE HOPE SHEAR 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 ofwhich the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct^ WITNESSvmy hand and official seal. • il • • • i JAN MICHELLE RIVERA Commission # 1939902 Notary Public - California Los Angeles County Mv Comm, Expires Jiji 1 1 z > NOTARY SEAL NISSHO OF CALIFORNIA, INC. 1902 Soutfi Santa Fe Avenue, vista, California 92083 Pfione 760.727.9719 Fax 760.727.8706 License #598372 NISSHO JOB# WORK ORDER C.O.C. Parks & Schools City of Carlsbad Project Name Client Name (760) 434-2922 Kyle Lancaster Client Phone # Authorized by (Print) k!^e.lanca8ler{3!carlsbadca.aov CLIENT P.O. # LC 22 email Authorized by (Sign) Date Nissho internal Only (Maintenance Department) Dennis Compos Project Manager (Print) Sales Rep Approval (Sign) Mgmt Approval DETAILED DESCRIPTION OF WORK TO BE PERFORMED MAXTON BROWN PARK Proposal Is for the enhancement of Maxton Park to include new split rail fencing along the NORTH edge of the park, mow curbs between turf and planters on the N Edge, East Edge and backflow area, new plant material, and modified irrigation (please see attched map for irrigation modifications). Nissho to install (4) new irrigation valves and install new sprinklers along the north and east sides of the park. Irrigation will be installed on the east side of the park for the existing turf and planter areas, and also along the north edge of the park (from the large existing trees near the sitting area to where the park meets the existing streetscape irrigation near the roundabout intersection). New irrigation lines will be trenched and the pipe and pop-up sprinklers will be Installed. The existing irrigation controller will have (2) modules Installed to allow for the addition of the new valves. The existing turf station currently irrigating the turf on the east side of the park will also be re-configured to properly Irrigate the large turf section of the park MATERIALS QTY PRICE TOTAL 320 linear feet of 4' tall, 5" diameter post, 3.5" rails- Split Rail Fence Fence 1 $ 8,879.00 $ 8,879.00 395 linear feet of 6"x6" Concrete Mow Curbs/ 60 sq ft of Concrete Sidewalk Slabs 1 $ 4,247.00 $ 4,247.00 15 Gal Furcrea foetida 'Mediopicta' 4 $ 100.00 $ 400.00 15 Gal Metrosideros excelsa 'Standard' 2 $ 88.30 $ 176.60 5 Gal Archtostaphylos densiflora 'Howard McMinn' 42 $ 22.00 $ 924.00 1 Gal Epilobium canum 93 $ 6.75 $ 627.75 1 Gal Erigeron glaucus x Wanyne Roderick 72 $ 6.75 $ 486.00 5 Gal Rhus integrifolia 3 $ 16.60 $ 49.80 1 Gal Muhlenbergla rigens 126 $ 6.60 $ 831.60 Nursery delivery Charges 1 $ 333.00 $ 333.00 Amendments, Fertilizer, Tree Stakes 1 $ 385.00 $ 385.00 Power Equipment-Jack Hammer, Generator, Stumpgrinder, Concrete Saw/Blades 1 $ 1,458.00 $ 1,458.00 IRRIGATION Parts and Labor (Please see LC 22 Irrigation for details) 1 $ 10,915.00 $ 10,915.00 LABOR HRS RATE TOTAL Foreman/Laborer Demolition and Planting 96 $ 33.00 $ 3,168.00 $ $ $ 1 GRAND TOTAL $ 32,880.75 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 PUNS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA. INC. Nissho of California Representative Print Sign Date Client Representative Prinl Sign Date LC22. NISSHO OF CALIFORNIA, INC. 1902SouthSantaFeAvenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 License #598372 WORK ORDER C.O.C. Parks- Maxton Brown Park City of Carlsbad Project Name Client Name (760) 434-2922 Kyle Lancaster Client Phone # Authorized by (Print) kvle.lancaslerjascarlsbadca.qov email Authorized by (Sign) Date CLIENT P.O. # Nissho Internal Only (Maintenance Department) Dennis Compos Project Manager (Print) 9/30/2014 Date Sales Rep Approval (Sign) Mgmt Approval DETAILED DESCRIPTION OF WORK TO BE PERFORMED This proposal is to install (4) new irrigation valves and install new sprinklers along the north and east sides of the Maxton Brown Park. Irrigation will be installed on the east side of the park for the existing turf and planter areas, and also along the north edge of the park (from the large existing trees near the sitting area to where the park meets the existing streetscape irrigation near the roundabout intersection). New irrigation lines will be trenched and the pipe and pop-up sprinklers will be installed. The existing irrigation controller will have (2) modules installed to allow for the addition of the new valves. The existing turf station currently in-igating the turf on the east side of the park will also be re-configured to properly irrigate the large turf section ofthe park. All labor and material is included in this proposal. MATERIALS QTY PRICE TOTAL Irrigation Materials 1 $ 5,267.00 $ 5,267.00 Equipment rental 1 $ 968.00 $ 968.00 $ LABOR HRS RATE TOTAL Labor (3 men) 120 $ 33.00 $ 3,960.00 Irrigation Technician 16 $ 45.00 $ 720.00 $ 1 GRAND TOTAL $ 10,915.00 THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTED BY THE UNDERSIGNED REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALUTION IS IN ACCORDANCE WITH THE PUNS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA. INC. Nissho of California Representative Print Sign Date Client Representative Print Sign Date