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HomeMy WebLinkAboutNissho of California Inc; 2016-02-24; PKRC570Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REPLACEMENT OF BEACH DRINKING FOUNTAINS; CONT. NO. PKRC570 This agreement is made on the a yi.J.h day of 4 -::::;;iJ,.~=!!::::~~~=~~---:-' 20~ by the City of Carlsbad, California, a municipal corporation, (hereina ter called "City"), a 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: Kyle 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. 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. REPLACEMENT OF BEACH DRINKING FOUNTAINS CONT. NO. PKRC570 Page 1 of 6 City Attorney Approved 10/6/15 Tracking#: 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 sPb. · ractor from participating in contract bidding . . -7 Signature: /t:1 Print Name: ----. --~-, --/)-'' --- / c:.-l'A Dq r .~"'r 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 California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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. The full limits available to the named insured shall also be available and applicable to the City 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. 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 REPLACEMENT OF BEACH DRINKING FOUNTAINS CONT. NO. PKRC570 Page 2 of 6 City Attorney Approved 10/6/15 Tracking#: 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 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Pro.ceed. CONTRACTOR'S INFORMATION. II II II II II II II II II II II II II II II If Nissho of California, Inc. (name of Contractor) 598372 (Contractor's license number) C27, 7/31/2016 (license class. and exp. date) . 1000018744 (DIR registration number) 6/30/2016 (DIR registration exp. date) REPLACEMENT OF BEACH DRINKING FOUNTAINS CONT. NO. PKRC570 Page 3 of 6 1902 South Santa Fe Avenue ( street address) Vista, CA 92083 (city/state/zip) 760-727 -9719 (telephone no.) 760-727-8706 (fax no.) tbaird@nisshoca.co'm (e-mail address) City Attorney Approved 10/6/15 Tracking#: 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 By1 (sign here) Group A Chairman, President, or Vice-President CITY OF CARLSBAD, a municipal corporation of the State of Calif/, nia By: 1 ' ..e-r Department Director as ay_thor:ized by the 9ity Manager Chris Hazeltine ATTEST: Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer r 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: REPLACEMENT OF BEACH DRINKING FOUNTAINS CONT. NO. PKRC570 Page 4 of 6 City Attorney Approved 10/6/15 CALIFORNIA ALL~PUIRPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of~~~~~ O~~,__,t~~1'~efore me, ____J~.,;;:=~~.....)-~=~~~=~~-..lli.----¥~~3'-2\ D~ personally appeared ~C:~~ ~.--:-~ ~~ C g:_C::'"'' ~ ~~0-,."'-.~,) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~whose nam~1} is/~ subscribed to the within instrument and acknowledged to me that he/she/t~xecuted the same in his/her/~authorized capacit~,iand that by his/her/~ signatur@)Qn the instrument the perso~? or the entity upon behalf of wh1cnthe perso~c::ted, executed the instrument. · · - BETTY WALKER ~ • Commission # 2049407 ;i : Notary Public -California i j . San Diego County ? • • • • 0 0 Ml ~oT"!· [x~r:s pe5 18}~1 ii Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do_cttment Title or Type of Document:(:_"-~"-' -· ,,·-~" Document Date:~-~--~C::,'\\_.,t' Number of Pages: ___ Sign r(s Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) item #5907 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 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 Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract Total % Subcontracted: ' REPLACEMENT OF BEACH DRINKING FOUNTAINS CONT. NO. PKRC570 Page 5 of6 City Attorney Approved 10/6/15 Tracking#: EXHIBIT B JOB QUOTATION Nissho of California, Inc. will replace 3 concrete water fountains along the beach wall on Carlsbad Boulevard, south of Tamarack State Beach. All work shall be performed in accordance with the attached Contractor's proposal dated January 21, 2016. 1y~ij ·No: 1 Concrete Cutting $1,209.00 2 Concrete Boxes and ¾" Gravel $316.44 3 1 Cement, Concrete, Concrete Nails, Blades $222.26 4 Plumbing Supplies $169.92 5 Equipment $391.94 TOTAL* $2,309.56 ITEM QTY I • • •• ···•.·•.··· pI:SCRiPTION-L.abdf Pt~V~lling \J\l~ge : ·. ·. >r I .. > PRIG€ < i\j~'1(i_?:::;;·:i·· .. ··;:; .. ''·:·.···.·.::.::: :'·:•:.·>··· :::.· ... _;",,::-::· ·:::.-:.·:; :. ::•.·'• -.::-· //"":: . .-. ·.·-: <:··.•,•:.'.'.: 1 Demolition Labor $270.45 2 Toning/Clearing of existing drain line $183.30 3 1 Installation of 2 Clean Out Boxes $360.60 4 Installation of 3 Drain Boxes $270.45 5 Installation of 3 new Base Plates and 3 New Fountains $2,618.00 TOTAL* $3,702.80 *Includes taxes, fee's, expenses and all other costs. Grand Total Not To Exceed $6,012.36 REPLACEMENT OF BEACH DRINKING FOUNTAINS CONT. NO. PKRC570 Page 6 of 6 City Attorney Approved 10/6/15 NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 License #598372 WORK ORDER Beach Fountain Replacement PrOject Name 760-434-2841 Client Phone# Lancaster City of Carlsbad Client Name Kyle Lancaster Authorized by (Print) Nlssho Internal Only (Maintenance Department) Tom Baird Project Manager (Print) 1.21.2016 Date Authorized by (Sign) Date Sal&s Rep Approval (Sign) Mgmt Approval DETAILED DESCRIPTION OF WORK TO BE PERFORMED issho Will re lace 3 old concrete Water Founlains alo the beach wall on Carlsbad Blvd, south of Tamarack State Beach. Please see attached Ma . Water will be turned off, the old fountains will be demolished and removed. Next, the exislin !ates will be removed with the concrete the are secured into. The new mountin intrusion from the aim trees In each planter. Once the above actions are taken, Nissho will Install the 3 New Water MATERIALS QTY PRICE TOTAL 0 $ $ Concrete Cuttin $ 1,209.00 $ 1,209.00 Concrete Boxes and 3/4" ravel 1 $ 316.44 $ 316.44 Cement Concrete, Concrete Nails Blades 1 $ 222.26 $ 222.26 1 $ 169.92 $ 169.92 1 $ 391 .94 $ 391.94 $ $ $ $ $ $ LABOR Prevailing Wage TOTAL $ 270.45 $ 183.30 Installation of 2 Clean Out Boxes $ 360.60 Installation of 3 Drain Boxes $ 270.45 Installation of 3 New Base Plates and 3 New Fountains $ 2,618.00 $ $ : GRAND TOTAL $ 6,012.36 THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTED BY TH UND RSIGNEO REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATIO IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Tom Baird Represenlative Print Sign Dale Client Representative Print sign Date ... Fountain #1 Fountain #3 !. !! MOST DEPE DA LE FO TAINS, INC . • Ill OPERATI NS MANUAL MSS Most Dependable Fountains, Inc .. 5705 Commander Drive Arlington, TN 38002 800-552-6331 www .. mostdependable.com 2012 400 SERIES DRINKING FOUNTAIN SPECIFICATIONS 1&Wii#it-JW!!iilffflfQi:lii lead free by all known delinitians including ANS!/tlSF standard 61, Section 9, California Proposition 6 and the Federal Safe Drinking Water Act. One piece weld construction with MDF standard YI 6" wall thickness 18 gauge electro-polished stainless steel bowl. Bowl overlaps pedestal; preventing build~up of residue in visual drinking area. Optional SS Bowl Strainer recommended for areas with sand. Stainless steel anti-squirt head (weighing a pound and a half) mounted with lock nut and washer to prevent tampering. Lock nut pin holds bubbler in locked position to prevent twisting or turning. The MDF bubbler head's unique design features a constant steady stream trajectory and a built in natural shield from contamination. (Most Dependable Fountains, lnc.1" encourages bubbler comparison) 304 stainless steel with circumference exceeding 8.6'~ Mushroom style push bar overlaps and prevents sand and other objects from sticking push bar in the ON position. Stainless steel housing standard on both standard and stainless steel pedestals. Requires less than 5 lbs. to operate. Non-cartridge O-ring valve delivers steady stream of water through flow regulator. No adjustment necessary. This valve deslgn is to operate and function at 30 to 80 PSI. Ideal operating pressure is 60 PSI. 11111"~~P,'fd~R"";Jr.i"'iJ!'!"l:i~ftnWi:i!!!lfr.i1il'J'!r,1r.i~,M"#--Maintenance•free reinforced nylobraid tubing and fittings, NSF-61 certified. This tubing is not plastic. Supplied with a½" MIP threaded inlet with a stainless steel strainer. Union fittings at every connection. Supply line stops above grade. The sixteen powder coat colors listed are at no additional charge. The colors are: D green, D blue, D brown, D black, D red, D yellow, D orange, D white and D textured emerald, □ sapphire, D pyrite, □ black, □ burgundy, D gold vein, D copper and □ sandstone. Stainless steel fountains are powder coated for added protection and all colors listed are available. 1 ½" schedule 40 PVC pipe. Waste line stops above grade. Working parts accessible through bowl of fountain for easy service, Supply and waste connections are through the above grade access door. All access plates, brackets, vandal resistant bolts and screws are stainless steel. Surface Mount fountains anchor to a concrete pad through a welded mounting plate. SS surface carriers recommended for al! new installations. Flush all new or existing supply lines prior to installation. Shut off water and drain down. One year warranty. Labor not included. Model 400 SM .................. 125 lbs. Model 440SM* ............. _ .. 150 lbs. Model 400 SMSS ............. 125 lbs. Model 440 SMSS* ........... 150 lbs. Model 410 SM ................... 150 ibs. Model493 SM* ................ 150 lbs. Model 410 SMSS ............. 150 lbs. Model 493 SMSS* ........... 150 lbs. *meets ADA for High and Low NOTE: When ordering, please specify stainless steel by SS. Always note your color choice and options where.applicable. {Options added at an additional cost to the customer.) Example: Spetify440 SMSSto order 440 Surface Mount Stainless Steel. Please call MDF to assist you with ordering, quoting and shipping . . MOST DEPENDABLE FOUNTAINS, INC."" (800) 552-6331 • (901) 867--0039 • Fax {901) 867-4008 5705 COMMANDER OR.• ARLINGTON, TN 38002-0587 www.mostdependable.com MODEL440SM MOST DEPENDABLE . FOUNTAINS~ INC. Shown w/ Optional 10" SS Surface Carrier O· -,1 ~---~-------i ii ~ 18" ii w. ii :i::1 :: i ii 0 8112" 1...,_f--1--+--318" NYLON REINFORCED ~ j ' ' I : : NYLONBRAID TUBING WI 112' MlP ::€ ~l· 0 ACCESS O -------g;.l ! : --i--:$1~:~::ATER) : ~ DOOR ~ i--t---BY OTHERS o o _______ ~ ACCESS DOOR ~ ELEVATION ~ 1/2" x 12• ZINC PLATED ROD WATER__/ 1. MEETS ADA REGULATIONS. 2, DO NOT SCALE DRAWINGS. i-----DRA!N LINE 3. INSTALLATIONTO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 4. OPTIONAL STAINLESS STEEL SURFACE CARRIER RECOMMENDED. MOST DEPENDABLE FOUNTAINS, INC. (800) 552.-6331 • (901) 867-0039 • Fax (901) 867-4008 5705 COMMANDER PR.• ARLINGTON, TN 38002-0587 • www.mostdependable.com