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CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
CHRISTIANSEN WAY PEDESTRIAN RAMP AT CARLSBAD BOULEVARD
CONTRACT NO. 6049
This agreement is made on the ^^'^ day of 1( v/ , 2015, by the City
of Carlsbad, California, a municipal corporation, (hereinafter called/'City"), and Ray White Cement, a
California corporation w/hose principal place of business is 2380 Via Monserate, Fallbrook, CA 92028
(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: Jason Geldert
(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" 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.
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.
CHRISTIANSEN WAY PEDESTRIAN RAMP
AT CARLSBAD BLVD
CONTRACT NO. 6049 Page 1 of 6 , City Attorney Approved 3/6/15
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Contractor acknowledges that California Government Code sections 12650 6t 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: l^t'OU^P 6fj(2l,fe
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 $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.
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.
• t-
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, ?(amage, 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 td 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
CHRISTIANSEN WAY PEDESTRIAN RAMP
AT CARLSBAD BLVD
CONTRACT NO. 6049 Page 2 of 6 City Attorney Approved 3/6/15
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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 30 working days after receipt of Notice to
Proceed.
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CHRISTIANSEN WAY PEDESTRIAN RAMP
AT CARLSBAD BLVD
CONTRACT NO. 6049 Page 3 of 6 •; City Attorney Approved 3/6/15
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CONTRACTOR'S INFORMATION.
RAY WHITE CEMENT 2380 VIA MONSERATE
(name of Contractor)
410673
(street address)
FALLBROOK, CA 92028
(Contractor's license number)
C-8
(city/state/zip)
(760) 728-0170
(license class, and exp. date)
Exp 8-31-15
(telephone no.)
(760) 728-5605
(fax no.)
office@raywhitecement.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.
CONTRACTOR
RAY WHITE CEMENT INC., a California
corporation
CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
Diane White / President
(print name/title)
(agn nere)
Glen Van Peski /^Director
Community and Economic Development
as authorized' by the City Manager
(^gn here)
Ray White / CFO
(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: • >
CHRISTIANSEN WAY PEDESTRIAN RAMP
AT CARLSBAD BLVD
CONTRACT NO. 6049 Page 4 of 6 City Attorney Approved 3/6/15
leck A License - License Detail - Contractors State License Board Page 1 ol
Contractor's License Detail for License # 410673
tISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this
iformation, you should be aware of the following limitations.
Business Information
RAY WHITE CEMENT
P O BOX 489
FALLBROOK, CA 92088
Business Phone Number:(760) 728-0170
Entity Corporation
Issue Date 08/19/1981
Expire Date 08/31/2015
License Status
This license is current and active.
All Information below should be reviewed.
C-8 - CONCRETE
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with SURETEC INDEMNITY COMPANY.
(Bond Number: 117957
iBond Amount: $12,500
Effective Date: 08/31/2013
Contractor's Bond History
Bond of Qualifying Individual
The Responsible Managing Officer (RMO) WHITE RAYMOND STEWART certified that he/she owns 10 percent or more of the
ivoting stock/equity of the corporation. A bond of qualifying individual is not required.
lEffective Date: 12/03/1992
Workers' Compensation
This license has workers compensation insurance with the REPUBLIC INDEMNITY COMPANY OF AMERICA
Policy Number:ATW003328
Effective Date: 10/01/2014
(Expire Date: 10/01/2015
Workers' Compensation History
Other
Personnel listed on this license (current or disassociated) are listed on other licenses.
;ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum==410673 4/14/20
Public Work's Contractor Registration Search Page 1 of 1
9d
Division of Labor Standards Enforcement
Public Works Contractor Registration Searcli
This is a listing of current and active contractor registrations pursuant to Division 2, Party, Chapter 1 (commencing with section 1720) of the Califomia Labor Code.
Enter at least one search criteria to display active registered public wori(s contr3Ctor(s) n^atching your selections.
Registration Number;
Contractor Legal Name: Contractor License Looi<up
License Number: 410673
.^Ssaffih jLEeset,
Public Works Contractor Registration Web Search Results
One Registered Contractor found. 1
Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date
RAY WHITE CEMENT 1000003603 CSLB:410673 12/09/2014 06/30/2015
Export as: Excel | PDF
('opyrlglit •<' 2014 Stale of ( alifornia
https://efiling.dir.ca.gov/PWCR/Search.action 4/14/2015
PWM15-81CED
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 pukjiic 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 Liicense No.,
Classification &
Expiration Date
%of
Total
Contract
Total % Subcontracted:
CHRISTIANSEN WAY PEDESTRIAN RAMP
AT CARLSBAD BLVD
CONTRACT NO. 6049 Page 5 of 6 City Attorney Approved 3/6/15
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EXHIBIT B
Contractor shall provide all labor, equipment and materials necessary to remove and replace the curb ramp
at the southeast corner of Christiansen Way and Carlsbad Boulevard. All vyt).rk shall comply with the City
of Carlsbad Engineering Standards, the San Diego Regional Standard Drawings 2012 edition, the Standard
Specifications for Public Works Construction "Greenbook" 2012 edition and. the 2013 California Building
Code.
1. Contractor shall perform survey of existing pavement, curbs, sidewalks, hardscape, landscaping,
and unimproved areas adjacent to the work area sufficient to prepare engineering drawings for
submission to the city. Design of the drawings shall be accepted by the city engineer, or his
designee, prior to commencement of work. Contractor shall be responsible for printing of plans,
obtaining all required permit, surveying, engineering design and preparation of as-built drawings.
2. Contractor shall demolish and remove existing improvements per the accepted engineering
drawing prepared under item 1 above, and construct 32 linear feet of new curb and gutter, 16 linear
feet of sidewalk and 24-inch brick paver banding to match, and an ADA compliant pedestrian
access ramp with pavement transitions as necessary to facilitate the new improvements.
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 LS 1 Survey and plan preparation $3,300.00
2 LS 1 Removal and Replacement of curb ramp per SDRSD G-
28 -$6,595.00
TOTAL* $9,895.00
'Includes taxes, fees, expenses and all other costs.
CHRISTIANSEN WAY PEDESTRIAN RAMP
AT CARLSBAD BLVD
CONTRACT NO. 6049 Page 6 of 6 City Attorney Approved 3/6/15