HomeMy WebLinkAboutNissho of California Inc; 2015-12-08; PWM16-39PEMTracking#: PWM16-39PEM
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
FIRE STATION 4 LANDSCAPING AND IRRIGATION CONVERSION TO RECLAIMED WATER;
CONT. NO. 4723
This agreement is made on the ~ day of\~~ , 206y the
City of Carlsbad, California, a municjpi corporation, (hereinater called "City"), and Nissho of California,
Inc., a California corporation, whose principal place of business is 1902 South Santa Fe Avenue, Vista,
California, 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:
Bob Richardson
(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 41 04 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.
FIRE STATION 4 LANDSCAPING &
IRRIGATION CONVERSION TO
RECLAIMED WATER; CONT. NO. 4723 Page 1 of6 City Attorney Approved 1 0/6/15
Tracking#: PWM16-39PEM
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 ~~_:~~.(phactor from participating in contract bidding.
Signature: --~d"",'(_" -"-------,-------
Print Name: -/ '"") i Z) r_"' / C'i"' /)#";Ja/::C:c
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.
FIRE STATION 4 LANDSCAPING &
IRRIGATION CONVERSION TO
RECLAIMED WATER; CONT. NO. 4723 Page 2 of 6 City Attorney Approved 10/6/15
Tracking#: PWM16-39PEM
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
be Subcontracted
Total% Subcontracted: \\Oft€-
FIRE STATION 4 LANDSCAPING &
IRRIGATION CONVERSION TO
RECLAIMED WATER; CONT. NO. 4723
No.
Page 5 of 6
License No., %of
Classification & Total
Expiration Date Contract
City Attorney Approved 1 0/6/15
Tracking#: PWM16-39PEM
EXHIBITS
(1) Installing Reclaimed Irrigation: Make renovations to the irrigation system at Fire Station 4 to
comply with the change from potable to recycled water.* Work to include:
• Labeling of all recycled irrigation components with recycled water designation
• Adjustments to sprinkler layout: ensure max coverage and minimized overspray
• Connect irrigation system to new recycled water source
• Valve #5 will be eliminated (capped)
• Convert four (4) hose bibs to acme threaded locking quick coupling valves
• Convert one (1) existing quick coupler valve to acme thread locking valve
• Add one (1) head to valve four by north entry of parking lot near fire hydrant
• Convert three riser sprinklers to pop up sprinklers on Valve #1
• Replace all active sprinkler nozzles
• Install temporary mainline, north side of hydrant for cross connection backflow testing
• Connect temporary mainline to new recycled water meter and assist with backflow testing
• All materials and labor is included
(2) Demolition of Existing Landscape and Installation of New Landscape: Landscape
improvements to south side of building.* Work to include:
• Removal of tree litter and root system
• Re-grading of beds allowing water flow away from building and into drains
• Install 55 1-Gallon drought tolerant plants per proposal dated 8/5/15. (Parks Department
approval of plant type required prior to contractor purchasing plants)
• All materials and labor is included
* Irrigation and landscape installations must be consistent with guidelines established in the Green
Book 2012 ed.
JOB QUOTATION
ITEM UNIT QT DESCRIPTION PRICE
NO. y
1 1 1 Installing Reclaimed Irrigation $4,604.00
·--
2 1 1 Demolition of Existing landscape and Installation of $3,161.40
New Landscape
**Includes taxes, fees, expenses and all other costs.
FIRE STATION 4 LANDSCAPING &
IRRIGATION CONVERSION TO
RECLAIMED WATER; CONT. NO. 4723 Page 6 of 6
TOTAL** $7,765.40
City Attorney Approved 10/6/15