HomeMy WebLinkAboutUSA Shade and Fabric Structures; 2014-12-19; PKRC537Tracking #:
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
SHADE FABRIC REPLACMENT AT ALGA NORTE PARK; PKRC537
This agreement is made on the _ _ day of _ by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and USA Shade & Fabric
Structures whose principal place of business is P.O. Box 560168, Dallas, TX 75356-0168 (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 Carisbad
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 Carisbad is a Charter City. Carisbad 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.
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
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 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
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current San Diego Regional Water Quality Control Board (RWQCB) permit, Carisbad Municipal
code and the City of Carisbad 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 Carisbad 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 cjafTtcactor may be prevented from further bidding on
public contracts for a period of up to five years any that / lebamient j;y another jurisdiction is grounds for
the City of Carisbad to disqualify the Contractor or/BubcantraQtor/ronTpaiaieipating in contract bidding.
Signature: ^^^M
Print Name: "Tp) \\V\ .^A^An^^^^
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carisbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers'
Compensation Insurance indicating coverage in a fonn 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 amountof $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 poiicies 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 Carisbad as an additional insured.
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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"Xfe^ working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within \ 5^ working days after receipt of Notice to
Proceed.
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CONTRACTOR'S INFORMATION.
(name of Contractor)
Contractor's licenj „ license number)
(license class, and exp. date)
(street address)
. (city/state/zip)
(telephone no.)
(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.
CONTRAOTOR
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal corporation
of the State of CaLifofoia jr\ A
A^fetant City ^anager, Beputy City Managor
r oTPiopartmGnt Director
ac authorizod by the City Manager
Gary Barberio
ATTEST:
(sign here) BARBARA ENGLESON
(print name/title) J
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. dpje^fPRf<^\y Attorney
BY:
ity Attorney
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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
1
Total % Subcontracted:
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EXHIBIT B
(ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.)
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 SF 11,832
Fabric Replacements
Structure Size 11,832 SF
Number of Posts N/A
Number of Fabric Tops 23
Fabric Type ColorshadeFR
Fabric Color TBD
Steel Color TBD
Post Attachment Method N/A
Entry Height Various
Wind load 90 mph
45,000.00
TOTAL* 45,000
*lncludes taxes, fee's, expenses and all other costs.
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EXHIBIT C
LABOR AND MATERIALS BOND Bond No. CMS280621
WHEREAS, the City Council of the City of Carisbad, State of California, has awarded to
SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES
(hereinafter designated as the "Principal"), a Contract for:
SHADE FABRIC REPLACEMENTS FOR ALGA NORTE PARK
CONTRACT NO. PKRC537
in the City of Carisbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office ofthe City Clerk ofthe City of Carlsbad and all ofwhich 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, SHADE STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES as
Principal, (hereinafter designated as the "Contractor"), and RLI INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Carisbad in the
sum of Forty-five Thousand Dollars ($45.000). 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 Carisbad, 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, orteams used in, upon, for, or about the performance
of the wori< contracted to be done, or for any other wori< 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 wori< or labor perfomned 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.
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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
CONTRACTOR:
SHADE STRUCTURES, INC.
DBA USA SHADE & FABRIC STRUCTURES
day Executed by SURETY this.
of Oc^evw
day
SURETY:
RLI INSURANCE COMPANY
(nameof Surety)
9025 North Lindbergh Drive, Peoria, IL 61615
(sign here) (address of Surety)
(309) 692-1000
(print name here)
(MrtcVcr Of ^\um.t
By:
(telephone number of Surety)
Bv: xd^t^^t^ ^^^Lir?^
(signature of Attorney-in-Fact)
Selena Wood, Attorney-in-Fact
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power of
attorney)
(title and organization of signatory)
(sign here)
(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.
APPROVEDASTOFORM:
CEUA A. BREW,
City Attomi
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CALIFORNIA ALL-PURPOSF ACKNOWLEDGMENT
State of Missouri
County of St. Charles
On before me, Jeannette Davis, Notarv Public, personally
appeared Salena Wood 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 instmment 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 ofthe State ofCalifornia
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JEANNETTE DAVIS
Notaiy Public • Notaiy Seal
STATE OF MISSOURI
fegaji^JSt^i°rua,y3.2o,7 Signature
Commission # 134S6951 jQjmi.e\XQ Davis, Notary Public
RLI RLI Surety
9025 N. Lindbergh Dr. | Peoria, IL 61615
Phone: (800)645-2402 | Fax: (309)689-2036
www.rlicorp.com
POWER OF ATTORNEY
RLI Insurance Company
Know All Men by These Presents:
That this Power of Attomey is not vaUd or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Conipany, an IlHnois corporation, does hereby make, constitute and appoint:
Robert E. Duncan. Sandra M. Winsted. Melissa L. Fortier. Judith A. Luckv-Eftimov. Susan A. Welsh. Karen L. Daniel. Linda M.
Napolillo. Marcia K. Cesafskv. Sandra M. Nowak. Christopher P. Troha. David J. Roth. Michelle D. Krebs. Salena Wood. Jeannette M.
Davis. Ann Mullins. Derek J. Elston. iointiv or severally
in the City of. Chicago _, State of. Illinois its true and lawful Agent and Attomey in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00).
The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a tme and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Conipany, and now in force to-wit:
"All bonds, pohcies, undertakings. Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attomeys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name ofthe Company. The corporate
seal is not necessary for the validity of any bonds, pohcies, undertakings. Powers of Attomey or other obligations ofthe corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
ESI WITNESS WHEREOF, the RLI Insurance Conipany has caused these presents to be executed by its Vice President with its
corporate seal affixed this Sth day of September . 2014
.<;SjSicE>'-> RLI Insurance Conipany
I \SEAL/ I
State oflllinois
County of Peoria } SS
On this Sth day of September
,' *
2014 . before me, a Notary Public, personally appeared Rov C. Die . who being by me duly swom,
acknowledged that he signed the above Power of Attomey as the aforesaid
officer of the RLI Insurance Company and acknowledged said instrument to
be the voluntary act and deed of said corporation.
1220371020212
Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Conipany, a stock
corporation of the State of Illinois, do hereby certify that the attached
Power of Attomey is in full force and effect and is irrevocable; and
fiirthermore, that the Resolution of the Company as set forth in the
Power of Attoraey, is now in force. In testimony whereof, I have
hereunto set my hand and the seal of the RLI Insurance Company
this day of , .
RLI Insurance Company
Vice President
A0058514