HomeMy WebLinkAboutNissho of California Inc; 2023-09-21; PKRC23-0804Tracking #:
CORRECTIVE SOD REPAIRS CONT. NO. PKRC23-0804 Page 1 of 8 City Attorney Approved 5/3/2023
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CORRECTIVE SOD REPAIRS; CONT. NO. PKRC23-0804
This agreement is made on the ______________ day of _________________________, 20___, 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 Ave., 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, as contained in the Standard
Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 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: Temujin Matsubara (City Project Manager)
PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203.
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. Contractor 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.
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.
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CORRECTIVE SOD REPAIRS CONT. NO. PKRC23-0804 Page 2 of 8 City Attorney Approved 5/3/2023
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 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 subcontractor from participating in contract bidding.
Signature: ___________________________________
Print Name: ___________________________________
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.
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Tom Baird
f \ r
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CORRECTIVE SOD REPAIRS CONT. NO. PKRC23-0804 Page 3 of 8 City Attorney Approved 5/3/2023
BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. 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 5 working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within 120 working days after receipt of Notice to Proceed.
CONTRACTOR’S INFORMATION.
Nissho of California, Inc.
1902 South Santa Fe Ave.
(name of Contractor) 598372
(street address) Vista, CA 92083 (Contractor’s license number) C27, 7/31/2024
(city/state/zip) 760-727-9719 (license class. and exp. date)
1000018744
(telephone no.)
(DIR registration number) 6/30/2024
(fax no.) tbaird@nisshoca.com (DIR registration exp. date) (e-mail address)
/// /// /// /// /// /// /// ///
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CORRECTIVE SOD REPAIRS CONT. NO. PKRC23-0804 Page 4 of 8 City Attorney Approved 5/3/2023
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
CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here)
Tom Baird, Vice President
Assistant City Manager, Deputy City Manager,
or Department Director as Authorized by the City Manager
(print name/title)
By: ATTEST:
(sign here) SHERRY FREISINGER
Cecilia Dolleton, Secretary City Clerk
(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 Group B Chairman, President, or
Vice-President
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: CINDIE K. McMAHON, City Attorney
BY: _____________________________ Deputy / Assistant City Attorney
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CORRECTIVE SOD REPAIRS CONT. NO. PKRC23-0804 Page 5 of 8 City Attorney Approved 5/3/2023
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
Type of Work to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date
% of Total Contract
Total % Subcontracted: _______________
The Contractor must perform no less than 50% of the work with its own forces.
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CORRECTIVE SOD REPAIRS CONT. NO. PKRC23-0804 Page 6 of 8 City Attorney Approved 5/3/2023
EXHIBIT B SCOPE OF WORK SUMMARY Perform sod repairs at Poinsettia Dog Park:
• Remove all remaining turf in large and small dog play areas.
• Amend soil with compost, gypsum and Grow Power soil amendment. Till soil.
• Finish area with a fine grade and prepare for sod.
• Renovate dog play areas in two phases: o Phase 1: Install 13,300 sq. ft. of St. Augustine sod in large dog play area. o Phase 2: Install 7,100 sq. ft. of St. Augustine sod in small dog play area.
• Check irrigation system to ensure sprinklers are at proper height and spray radius after new sod is installed. Adjust sprinklers as necessary to function properly.
• Dispose of all spoils and haul away.
• Includes prevailing wage, labor and materials bond. JOB QUOTATION
ITEM NO. UNIT QTY DESCRIPTION PRICE
1 20,400 St. Augustine Sod installed (Square Feet) $38,964.00
2 1 Equipment Rental $3,744.17
3 1 Equipment Delivery $455.00
4 2 Disposal Bin Rental 40 Yard $2,706.00
5 60 Compost Cubic Yards $861.00
6 3 Compost Delivery $681.00
7 68 Gypsum 50 lb. Bag $527.00
8 14 Grow Power Soil Amendment 50 lb. Bag $728.00
9 1 Labor & Materials Bond 1,165.00
10 72 Foreman hours $3,258.00
11 144 Laborer hours $6,048.00
TOTAL* $59,397.17
*Includes prevailing wage, taxes, fees, expenses and all other costs.
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EXHIBIT C
LABOR AND MATERIALS BOND
Tracking#:
Bond No: PPDO 101751
Premium: $1,188.00
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Nissho of California,
lnc. (hereinafter designated as the "Principal"), a Contract for:
CORRECTIVE SOD REPAIRS
CONT. NO. PKRC23-0804
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the
furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials,
provisions, provender or other supplies or teams used in , upon or about the performance of the work agreed
to be done, or for any work or labor done thereon of any kind , the Surety on this bond will pay the same to
the extent hereinafter set forth.
NOW, THEREFORE, WE, Nissho of California, Inc. , as
Principal, (hereinafter designated as the "Contractor"), and Developers Surety and Indemnity Company
-----------------·-----------------as Surety, are held firmly bound unto the City of Carlsbad in the
sum of ______________________________ _
Fifty Nine Thousand Three Hundred Ninety Seven and 17/100 dollars ($ 59,397.17 ), 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.
CORRECTIVE SOD REPAIRS
CONT. NO. PKRC23-0804 Page 7 of 8 City Attorney Approved 5/3/2023
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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.
SIGNED AND SEALED, this -~2=2=n=d ____ day of ___ ~A=u=g=u=s~t ------~· 2o_n__
_N_is_s_ho_o_f_C_a_Ii_fo_n_1i_a,_In_c_. _______ (SEAL) Developers Surety and Indemnity Company (SEAL)
(Surety)
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CINDIE I<. McMAHON
City Attorney
By: llU1fiL fr1Jsf:
Deputy/ Asistant City Attorney
CORRECTIVE SOD REPAIRS
CONT. NO. PKRC23-0804 Page 8 of 8 City Attorney Approved 5/3/2023
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ACKNOWLEDGMENT
A notary publi c or other officer co mpleting this
certificate verifies on ly the identity of the individual
who signed the document to wh ich this certificate is
attached, and not the truthfulness, accuracy, or
valid ity of that document.
State of California
County of San Diego
On OB 1-zs ]--z-o--z__ 3 before me , Meera M. Sura na, Notary Public
/ -...---(insert name and title of the officer)
persona lly appeared -( ~ rv\ ~S gCL.( re\
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within in strument and acknowledged to me that he/s he/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 of which the person(s) acted, executed the instrument.
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 officia l sea l.
Doc_u r'r\e.-V\-{ --n+-\--e .. ~bo Y-vtJ1cl
8,oht{
~A M, SURANA ,# 2426112
ll&\!IC•'OAUFORNIA (/1
O~OIOOUNTN --~~-'Now. mij,,J~""
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POWER OF ATTORNEY FOR
COREPOINTE INSURANCE COMPANY
DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038
(212) 220-7120
KNOW ALL BY THESE PRESENTS that, except as expressly limited here in, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY ANO lNDEMNlTY COMPANY, do hereby make, constitute and appoint:
---'R--=i-"'chc.ca=r--=d---'H-'-a"'l'--'le-'-tt"-, ""L"---eo-'--'n_a'------E_va_n~g"-e_l_is_ta_a_n_d_R_e_b_ek_a_h_E_a_ds ________________ , of San Diego, CA
as its true and lawful Attorney-in-Fact, to make, execute, deliver and acknowledge, for and on behalfof said companies, as sureties, bonds. undertakings and contracts of surctyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company foll power of substitution and revocation. and all of the acts of said Allomey-in-Fact, pursuant to these presents, arc hereby ratified and confirmed, This Power of Allomey is effective 8/22/2023 and shall expire on December J I, 2025.
This Power of Attorney is granted and is signed under and by authority of'thc following resolutions adopted by the Board of Directors ofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNlTY COMPANY (collectively, "Company") on February IO, 2023.
RESOLVED, that Sam Zaza. President Surety Underwriting, James Bell Vice President Surety Undcrn1·iting, and Craig Dawson Executive Underwriter Surety. each an employee of Am Trust North America, Inc,, an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney. qualifying allorney(s)-in-faet named in the Power of Attorney to execute, on behalf or the Company, bonds, undertaking,~ and contracts of suretyship, or other suretyship obligations; and that the Secrctmy or w1y Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney.
RESOL YEO, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power or Attorney shall be valid and binding upon the Company \\11en so affixed and in the foturc with respect to any bond, undertaking or contract of surctyship to which it is attached.
IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused U1ese presents to be
Title: President., Surety Underwriting
ACKNOWLEDGEMENT:
A notary public or other officer completing this ce1tificate verifies only the identity of the individual who signed the document to which this ce1tificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF California COUNTY OF Oran°e --------------~~--------
On this 1]__ day of March. 2011_, before me, Hoang-Quyen Phu Pham , personally appeared ~Sa~m=Z~a=za~--------who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument.
I certify, under penalty of perjury, under the laws of the State of~C~'a~f1~·1o~r~n~ia~ ________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CORPORATE CERTIFICATION
······••( HOANG-QUYEN P. PHAM r Notary Public • Ciiliforniil z Orangt County ?: Commission# 2◄32970
My Comm. Expim DK 31, 202,
'l11e undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, docs hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification.
This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023.
DocuSigned by:
By: ~(=JJ~&-""""Sf-,S ______ _ Barry W. Moses, Assistant Secretary POA No. _N_/A ____ _ 686415E7ADE548C .. ,
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ACKNOWLEDGMENT
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 San Diego
on AUG 2 2 2023 before me, Rebekah Eads, Notary Public -----------(insert name and title of the officer)
personally appeared Leona Evangelista
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 of which the person(s) acted, executed the instrument.
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.
Signatur~ar: (Seal)
REBEKAH EADS
Notary Public. California
San Diego County
Commission ,1 2312016
My Comm. Expires Nov 9, 2023