HomeMy WebLinkAboutModular Space Corporation dba ModSpace; 2016-01-29; PWM16-66PEMTracking #: PWM16-66PEM
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
DOVE LIBRARY TEMPORARY OFFICE TRAILERS & FENCING INSTALLATION; CONT. NO. 4030
This agreement is made on the 4/L. day of tek(1/416..A , 20 KO, by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Modular Space
Corporation dba ModSpace, a Delaware corporation, whose principal place of business is 1200 Swedesford
Road, Berwyn, PA 19312 (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:
Steve Didier
(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.
DOVE LIBRARY TEMPORARY OFFICE
TRAILERS & FENCING INSTALLATION;
CONT. NO. 4030 Page 1 of 8 City Attorney Approved 10/6/15
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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 thaI1 debarment by another jurisdiction is grounds for
the Cit.) of Carlsbad to disqualify the Contractor or subc ntracter from participating in contract bidding.
Signature: •
Print Name: e 19.
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
DOVE LIBRARY TEMPORARY OFFICE
TRAILERS & FENCING INSTALLATION;
CONT. NO. 4030 Page 2 of 8 City Attorney Approved 10/6/15
Tracking #: PWM16-66PEM
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 two (2) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within five (5) working days after receipt of Notice to
Proceed.
CONTRACTOR'S INFORMATION.
Modular Space Corporation dba ModSpace
(name of Contractor)
14015 Kirkham Way
(street address)
763309
Poway, CA 92064
(city/state/zip) (Contractor's license number)
B / Exp. 5/31/2017 858-513-0021
(license class, and exp. date) (telephone no.)
1000002492
(DIR registration number) (fax no.)
6/30/2016 angel.meenan@modspace.com
(DIR registration exp. date) (e-mail address)
DOVE LIBRARY TEMPORARY OFFICE
TRAILERS & FENCING INSTALLATION;
CONT. NO. 4030 Page 3 of 8 City Attorney Approved 10/6/15
Tracking #: PWM16-66PEM
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.
CONTRACTO' 4 MODULAR :ACE CORPORATION dba
MODSP a Delaware corporal
By:
(sign here)
CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
Patn k A. Thoma'/Pubic Works Director
as authorized by the City Manager 0 &Ic r p fde,er
(print name/title)
By:
(sign here)
:FP H, 5i) ro , eio AJ,P
(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, Secretary,
President, or Assistant Secretary,
Vice-President 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, dy Attorney
BY:
Deputy City Attorney
DOVE LIBRARY TEMPORARY OFFICE
TRAILERS & FENCING INSTALLATION;
CONT. NO. 4030 Page 4 of 8 City Attorney Approved 10/6/15
Tracking #: PWM16-66PEM
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 DIR Registration
No.
License No.,
Classification &
Expiration Date
% of
Total
Contract
Ramp Quick-Deck, Inc.
137 Pine Forest Dr., Locust, NC
1000012715 565872
C-61/D-34 4/30/2017
7%
Delivery BC Transport
1674 Swallowtail Rd., Encinitas
N/A N/A 5%
Set-up DRV Modular Contractors, Inc.
PO Box 90279, San Diego, CA
1000000387 680131
B/C-41 7/31/2017
5%
Fencing United Site Services
2161 S. Pacific St., San Marcos
1000010469 873553
C-10 2/29/2016
5%
Total % Subcontracted: 22%
NAME OF PROJECT; CONT. NO. NNNN Page 5 of 8 City Attorney Approved 10/6/15
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EXHIBIT B
ModSpace will provide three (3) temporary trailers and 315 linear feet of construction fencing for the Dove
Library staff during the Library Renovation Project at Dove Library, located at 1775 Dove Lane, Carlsbad,
CA 92011. Trailer and fencing delivery, installation and removal is included and listed below:
12x60 Trailer (#1):
Quantity Description Frequency Cost of Each Cost for 4 month
1 4 month rental Monthly $264 $1,056
1 Personal Property
Expenses
Monthly $11 $44
1 Ramp/Step Monthly $246 $984
1 Delivery Transportation of
Trailer
One-time $355 $355
1 Delivery Transportation of
Ramp
One-time $964 $964
1 Fuel Charge- delivery One-time $18 $18
1 Installation- block & Level
and remove tires
One-time $294 $294
1 Removal- tires install &
unblock
One-time $294 $294
1 Fuel Charge- removal One-time $18 $18
1 Return Delivery of Trailer One-time $355 $355
1 Return Delivery of Ramp One-time $964 $964
Tax $428
TOTAL $5,774
12x60 Trailer (#2:
Quantity Description Frequency Cost of Each Cost for 4 month
1 4 month rental Monthly $264 $1,056
1 Personal Property
Expenses
Monthly $11 $44
Ramp/Step Monthly $246 $984
1 Delivery Transportation of
Trailer
One-time $355 $355
1 Delivery Transportation of
Ramp
One-time $964 $964
1 Fuel Charge- delivery One-time $18 $18
1 Installation- block & Level
and remove tires & axles
One-time $663 $663
1 Removal- tires & axles
install and unblock
One-time $663 $663
1 Fuel Charge- removal One-time $18 $18
1 Return Delivery of Trailer One-time $355 $355
1 Return Delivery of Ramp One-time $964 $964
Tax $487
TOTAL $6,571
DOVE LIBRARY TEMPORARY OFFICE
TRAILERS & FENCING INSTALLATION;
CONT. NO. 4030 Page 6 of 8 City Attorney Approved 10/6/15
Tracking #: PWM16-66PEM
12x40 Trailer (#31:
Quantity Description Frequency Cost of Each Cost for 4 months
1 4 month rental Monthly $242 $968
1 Personal Property
Expenses
Monthly $10 $40
1 Ramp/Step Monthly $246 $984
1 Fuel Charge One-time $18 $18
1 Delivery Transportation of
Trailer
One-time $355 $355
1 Delivery Transportation of
Ramp
One-time $964 $964
1 Installation- block & level
and remove tires
One-time $180 $294
1 Removal- unblock and
install tires
One-time $180 $294
1 Fuel Charge One-time $18 $18
1 Return Delivery of Trailer One-time $355 $355
1 Return Delivery of Ramp One-time $964 $964
Tax $402 $420
TOTAL $5,674
Construction Fencin :
Quantity Description Cost for 4 months
32 6x10 1-Stand Panel $611
315 LF 6ft Privacy Screen $605
64 Sandbags $269
TOTAL $1,485
Trailer Type Quantity Cost for 4 months
12x60(#1) 1 $5,774
12x60(#2) 1 $6,571
12x40 (#3) 1 $5,674
Construction Fencing 315 LF $1,485
GRAND TOTAL* $19,504
*Includes taxes, fees, expenses and all other costs.
The parties also agree and understand that:
1. This Agreement is based on Contractor providing modular equipment from its existing inventory
solely in accordance with the specifications and scope of work provided to the City by the Contractor. Any
additional requirements or directives by local inspectors and/or other agencies shall be the responsibility of
the City.
2. Contractor will provide all permits necessary for the delivery of the modules to the site. The City
shall obtain and be responsible for all permits pertaining to the building, installation, site work and
occupancy.
3. Contractor shall not be responsible for any delay in modifying, manufacturing, delivering, installing
or demobilizing the Equipment resulting from or due to fire, flood, windstorm, riot, civil disobedience, strike,
labor disputes, act of God, acts of City or any other circumstances beyond Contractor's control.
DOVE LIBRARY TEMPORARY OFFICE
TRAILERS & FENCING INSTALLATION;
CONT. NO. 4030 Page 7 of 8 City Attorney Approved 10/6/15
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4. City will provide free and clear access for delivery and removal of the equipment by standard mobile
transport vehicles. The City will be solely responsible for preparation of the site on which the equipment is
to be used, including any required structural or grade alterations. The City will provide firm and level ground
on no more than a six-inch (6") slope from one end to the other for safe and unobstructed installation for
the equipment. CONTRACTOR ASSUMES NO LIABILITY NOR OFFERS ANY WARRANTY FOR THE
FITNESS OR ADEQUACY OF THE UTILITIES AVAILABLE AT THE SITE.
5. The City will be provided notice of insurance policy change or cancellation in accordance with policy
provisions.
6. Risk of loss shall transfer to the City upon substantial completion of Contractor's scope of work.
City will procure and keep in full force and effect, from the initial delivery date until the removal of all
Equipment, the following policies of insurance: (i) Commercial General Liability Insurance with a minimum
combined single limit of $1,000,000 per occurrence, naming Modular Space Corporation as an additional
insured, and (ii) Commercial Property Insurance protecting against all loss and damages sustained or
suffered from the date of delivery to the site, due to the loss of or damage to the Equipment as a result of
any peril, casualty, including flood, naming Modular Space Corporation and Bank of America, N.A. as loss
payee. The City may self-insurance its obligations contained herein with ModSpace Risk Management
approval.
7. City will provide Contractor at least thirty (30) days prior written notice of the date on which the
equipment is to be returned.
8. The City shall return the equipment in the same condition as delivered, normal wear and tear
excepted. Damages beyond normal wear and tear shall be charged to the City. The City will not move or
in any way modify the equipment without the written consent of Contractor. The storage or transportation
of any hazardous substances in the equipment is not permitted and the effects of such substances on the
equipment shall not be considered ordinary wear and tear. If the equipment is determined to have been
used to store any such hazardous substances, the City will be required to pay to remediate or purchase the
equipment at the Contractor then current published sale price of the equipment.
9. During the term of the rental, the City shall be responsible for routine maintenance including, but
not limited to, the replacement of light bulbs and HVAC filters, janitorial services, snow removal and minor
repairs. .
10. The City agrees to comply with, perform and execute all laws, rules, regulations or orders of any
federal, state or local government (including laws governing toxic waste, hazardous substances and other
environmental risks) which in any way affect or are applicable to any of the equipment or to the use,
operation, maintenance or storage thereof.
11. The City may not assign this Agreement or sublet, rent or otherwise hire out or transfer possession
of any of the equipment to any person or entity other than Contractor, without the prior written consent of
Contractor.
DOVE LIBRARY TEMPORARY OFFICE
TRAILERS & FENCING INSTALLATION;
CONT. NO. 4030 Page 8 of 8 City Attorney Approved 10/6/15
Commonwealth of Pennsylvania )
)SS:
County of Chester )
On this, the 28th day of January, 2016, before me a notary public, the undersigned officers, personally
appeared James D. Sheets and Jane H. Somes, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument, and acknowledged that they executed
the same for the purposes therein contained.
In witness hereof, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARY C. DiCOLA, Notary Public
Tredyffrin Township, Chester County My Commission Expires
October 8, 2019