HomeMy WebLinkAboutShade Structures Inc dba USA Shade & Fabric; 2015-04-17; PKRC543Tracking #:
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
CHASE FIELD NEW SHADE STRUCTURE; PKRC543
This agreement is made on the _ _ day of AqPinX^ , 20 IS, by the
9r cklled "City"), City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Shade Structures. Inc.
dba USA Shade & Fabric Structures whose principal place of business is 8505 Chancellor Row. Dallas, TX
75247 (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 on file with the Parks & Recreation Department, 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: Kvie Lancaster
(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.
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
CHASE FIELD NEW SHADE
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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 permit requirements shall be satisfied by Contractor and accepted by ail 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 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. Ail work must be in compliance with the most 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 contraete^r may be prevented from further bidding on
public contracts for a period of up to five years and that^ebamfe^^by^Jxrt1ner jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcqntracrarmjm/particip^ in contract bidding.
Signature: \\
Print Name: ^ V\V\ 5 fli j U <^ , Ht^A tAV
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.
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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 45 working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within 60 working days after receipt of Notice to Proceed.
CHASE FIELD NEW SHADE
STRUCTURE; PKRC543 Page 3 of 6 City Attorney Approved 2/7/13
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CONTRACTOR'S INFORMATION.
a (name of Contractor)
tractor s license ni (Cphtractor'
J-
(license da
number)
1M£JJ_DL_NA/
diess)
1/ i^r^i b (street _§£ldj:ess)
(license class, and exp. date)
ft , Jcity/state/zip)
(telephone no.)
(fax no.)
V (e-mairaddress)
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.
CONT CITY OF CARLSBAD, a municipal corporation
of the State of CalTfornia
(sign here)
(print name/title)
nogor. Deputy City Managor
•er Department Director
as authorized by the City Manager
Chuck McBride
By: ATTEST:
, (sign here)
/ (print name/title) (f {X ^t-f Wlrvj
BARBARA ENGLESON
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, Cit^tG(^rney
BY:
Assistant City Attorne\
CHASE FIELD NEW SHADE
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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 License No.,
Classification &
Expiration Date
%of
Total
Contract
N (k
Total % Subcontracted:
CHASE FIELD NEW SHADE
STRUCTURE; PKRC543 Page 5 of 6 City Attorney Approved 2/7/13
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EXHIBIT B
SCOPE OF WORK
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 Structure 1 Triangle Shade Structure
Structure Size 30 ft. x 30 ft. x 30 ft.
Number of Posts 3
Number of Fabric Tops 1
Fabric Type ColorshadeFR
Fabric Color TBD
Steel Color TBD
Post Attachment Method Embed
Entry Height 10 ft.
Wind load 90 mph
Snow load 5 psf
19,371.00
TOTAL* 19,371.00
*lncludes taxes, fees, expenses and all other costs.
CHASE FIELD NEW SHADE
STRUCTURE; PKRC543 Page 6 of 6 City Attorney Approved 2/7/13
PROPOSAL
Corporate Mailing
Address:
P.O. Box 560168
Dallas, TX 75356-0168
(800) 966-5005
USASHADE K
& Fabric Structures^
Remittance Address
Shade Structures, Inc.
PO Box 204691
Dallas, Texas 75320-4691
This is a legal agreement - please read carefully. Complete and initial all pages.
Purchaser:
Contact:
Phone:
City of Carlsbad
Rodney Nishimoto
(760) 434-2856
Date: November 13, 2014
PO Number:
Quote No.: BJI110123
Sates Rep:
Phone:
Email:
Brett Ivey
(619)616-8272
bivey@usa-shade. com
Billing Infonnation: Shipping Infonnation: Jobsite information:
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92009
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92009
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92009
Contact: Rodney Nishimoto Contact: Rodney Nishimoto Contact: Rodney Nishimoto
Phone: (760) 434-2856 Phone: (760) 434-2856 Phone: (760) 434-2856
Fax: (760) 434-7185 Fax: (760)434-7185 Fax: (760) 434-7185
Email: Rodney.Nishimoto@carlsbadca.gov Email: Same Email: Same
STRUCTURE PRICING
OTY l)i:SCRil'HON
(1) Triangle Shade Structure
1)1 TAILS
Stmcture Size
Number of Posts
Number of Fabric Tops
Fabric Type
Fabric Color
Steel Color
Post Attachment Method
Entry Height
Wind load
Snow load
Notes:
30flx30ftx30ft
3
1
ColorshadeFR
TBD
TBD
Embed
lOfl
90 mph
5 psf
$19,371.00
PRICING DETAILS
Accessories / Miscellaneous
QTY ITEiU DETAILS COST
Total for Access/iMisc items: $
Unit Total Included PAYMENT TERMS
Accessories/Miscellaneous (1) Upon execution of the Agreement (Deposit) P
Shipping/IHandting Included (2) Upon delivery of Shade Staicture(s)
SUBTOTAL (3) Upon completion of Assembly/Installation
Sales Tax 8% Included (4) Other (specify):
Assembly/Installation Included NOTES:
Engineering Included
TOTAL PRICE $19,371.00
Page 2 Initials
PROPOSAL
Corporate iVIaiiing
Address:
P.O. Box 560168
Dallas, TX 75356-0168
(800) 966-5005
USASHADE ^
& Fabric Structures
Remittance Address
Shade Structures, Inc.
PO Box 204691
Dallas, Texas 75320-4691
GENERAL SCOPE OF WORK
DSA / PERMIT REQUIREMENTS ASSEMBLY REQUIREMENTS
YES NO YES NO
X Purchaser is responsible for permit submittal X Underground Obstacles
X Purchaser is responsible for DSA submittal X Dirt Removal
ENGINEERING REQUIREMENTS X Soil Tests
Building Code CBC2013 X Concrete Cutting
Type of drawings Sealed X Concrete Tnjck Access
# of sealed drawings 3 X Fencing
Calculations Required 3 X Special Inspection
Notes: X Permits (see DSA/Permit Requirements)
PRI CING INCLUDES Lx Prevailing Wages & Certified Payroll
YES NO X Union Wages
X Assembly/Installation (based on a single mobilization) X Removal of existing stmcture or poles
X Shipping and Handling X Curb Repair
X Engineered Drawings X Landscaping Repair
X Sales Tax X Electrical connection or trenching
X DSA/Pemriit Submittal X Site Plan Approval
X DSA / Pemnit Fees X Site Survey
X Accessories X Bobcat Access
X Coastal Primer X Liquidated Damages
X Payment and Performance Bonds X Anchor Bolts Included
X Other special conditions (noted below):
GENERAL TERMS AND CONDITIONS AND WARRANTY
1) ProDosai: The above proposal is valid for 30 days from the date first set forth above. After 30 days, we reserve the right to increase prices
due to the rise in cost of raw materials, fuel or other cost increases. When applicable, USA SHADE & Fabric Stmctures reserves the right to
implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel and concrete. Due to the duration of
time between proposals, contracts and final installation, USA SHADE & Fabric Stmctures reserves the right to implement this surcharge
when applicable.
1) Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this
agreement specifically by reference) which is accepted by the USA SHADE & Fabric Stmctures (the "Company), the purchaser identified
above ("you" or the "Purchaser") agrees to purchase the Shade Stmctures brand shade structures ("Stmctures") and the services to be
provided by the Company, as detailed in the "Stmcture Pricing" and "General Scope of Work" sections of this agreement, above, or in the
relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-
party who will be the ultimate owner of the Structures (the ultimate owner of a Stmcture, whether Purchaser or a third-party, being the
"Owner").
Pages Initials