HomeMy WebLinkAbout_ Contract - Nova Landscape Group, Inc. - 202405 DocuSign Envelope ID:B908CDBC-E926-430A-BFBD-96805D605EC4
PUBLIC WORKS AGREEMENT
(Uniform Cost Accounting Contract-DBMC Chapter 3.25)
The following agreement ("Agreement") is made and entered into, in duplicate,
as of the date executed by the City Manager and attested to by the City Clerk, by and
between NOVA Landscape Group, Inc. hereinafter referred to as the "Contractor" and
the City of Diamond Bar, California, hereinafter referred to as "City."
WHEREAS, City received Contractor's bid on February 13, 2024; and
WHEREAS, City accepted the bid of Contractor under its Uniform Public
Construction Cost Accounting Ordinance, Diamond Bar Municipal Code Chapter 3.25
("UPCCA Ordinance"); and
WHEREAS, the UPCCA Ordinance authorizes the City Manager to execute
written contracts with the Contractor for furnishing labor, equipment and material for the
Landscape construction plans for the Diamond Canyon Park Improvements in the
City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
it is agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary
labor, tools, materials, appliances, and equipment for and do the work for the
Landscape construction plans for the Diamond Canyon Park Improvements in the
City (the "Work"). The Work to be perFormed in accordance with the plans dated
06/30/2023 (the "Plans") on file with the City and in accordance with bid prices
hereinafter mentioned and in accordance with the instructions of the City's Project
Manager, who is Jason Williams, Maintenance Supervisor.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY/PRIORITY OF DOCUMENTS: The Plans are incorporated herein
by reference and made a part hereof with like force and effect as if set forth in full
herein. The Plans, Contractor's bid dated 02/13/2024 ("Contractor's Bid") together with
this Agreement shall constitute the entire agreement between the parties. This
Agreement is intended to require a complete and finished piece of work and anything
necessary to complete the work properly and in accordance with the law and lawful
governmental regulations shall be performed by the Contractor whether set out
specifically in this Agreement or not. Should it be ascertained that any inconsistency
exists between the aforesaid documents and this Agreement, the following order of
precedence shall apply: (1) this Agreement; (2) the Landscape Plans (attachment A);
and (3) Contractor's Bid (collectively, the "Contract Documents").
3. COMPENSATION: Contractor agrees to receive and accept the prices set
forth in its Contractor's Bid as full compensation for furnishing all materials, performing
all Work, and fulfilling all obligations hereunder. Said compensation in the amount of
Forty-nine Thousand Nine Hundred Twenty-Eight Dollars ($49,928) shall cover all
expenses, losses, damages, and consequences arising out of the nature of the Work
during its progress or prior to its acceptance, including those for well and faithfully
completing the Work and the whole thereof in the manner and time specified in the
Contract Documents; and also including those arising from actions of the elements,
unforeseen difficulties or obstructions encountered in the prosecution of the Work,
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suspension or discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work. Final payment to Contractor shall be withheld for
at least 30 days after the time in which Contractor has verified, to the City's satisfaction,
that it has submitted all information to the Department of Industrial Relations required by
Labor Code §1773.3.
4. TERM OF AGREEMENT: Contractor agrees to complete the work within
forty-five 45 calendar days from the date of the notice to proceed (the "Completion
Date").
5. INSURANCE: Contractor shall not commence work under this Agreement
until it has obtained all insurance required hereunder in a company or companies
acceptable to City nor shall the Contractor allow any sub-contractor to commence work
on his sub-contract until all insurance required of the sub-contractor has been obtained.
The Contractor shall take out and maintain at all times during the life of this contract the
following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
Contractor shall furnish to the City a certificate of insurance as proof that he has taken
out full workers' compensation insurance for all persons whom he may employ directly
or through sub-contractors in carrying out the work specified herein, in accordance with
the laws of the State of California. Such insurance shall be maintained in full force and
effect during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California
Labor Code, every Contractor shall secure the payment of
compensation to his employees. The Contractor, prior to
commencing work, shall sign and file with the City a certification as
follows:
"I am aware of the provisions of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for workers' compensation or to undertake self
insurance in accordance with the provisions of that Code, and
I will comply with such provisions before commencing the
performance of work of this contract."
b. For all operations of the Contractor or any sub-contractor in
perForming the work provided for herein, insurance with the
following minimum limits and coverage:
1) General Liability - $2,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial
General Liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit
shall apply separately to this Agreement or the general
aggregate limit shall be twice the required occurrence limit.
2) Automobile - $2,000,000 per accident for bodily injury and
property damage.
3) Employer's Liability - $1,000,000 per accident for bodily
injury or disease.
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c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by
City, which is authorized to do business in the State of
California.
2) Name as additional insured the City of Diamond Bar, its
officers, agents and employees, and any other parties
specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance
held or owned by the designated additional insured shall be
called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not
be canceled nor the amount of the coverage thereof reduced
until thirty (30) days after receipt by City of a written notice of
such cancellation or reduction of coverage."
5) Waives all right of subrogation against all persons and
entities specified in subparagraph 4.c.(2) hereof to be listed
as additional insured in the policy of insurance provided for
in paragraph b. by reason of any claim arising out of or
connected with the operations of Contractor or any sub-
contractor in perForming the work provided for herein;
6) Otherwise be in form satisfactory to the City.
d. The Contractor shall, prior to perForming any work under this
Agreement, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or
deliver to the City Manager or his designee a certificate of the
insurance company, showing the issuance of such insurance, and
the additional insured and other provisions required herein.
6. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Contractor is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is perFormed, and
not less than the general prevailing rate of per diem wages for holiday and overtime
work. In that regard, the Director of the Department of Industrial Relations of the State
of California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California,
and are available to any interested party on request. Contractor shall cause a copy of
such determinations to be posted at the job site.
Contractor shall forfeit, as penalty to City, not more than two hundred dollars
($200.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under this
Agreement, by him or by any sub-contractor under him.
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Contractor and any of its sub-contractors must be registered with the Department
of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the
award of a contract for a public work on any public works project awarded after April 1,
2015 to a person not registered. This Agreement is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of
Section 1777.5 of the Labor Code, and in accordance with the regulations of the
California Apprenticeship Council, properly indentured apprentices may be employed in
the perFormance of the work.
Contractor is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or
journeymen in any apprenticeship trade on such contracts and if other Contractors on
the public works site are making such contributions.
Contractor and any sub-contractor under him shall comply with the requirements
of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex-officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a
legal day's work for all workmen employed in the execution of this Agreement, and the
Contractor and any sub-contractor under him shall comply with and be governed by the
laws of the State of California having to do with working hours set forth in Division 2,
Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
Contractor shall forFeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman or mechanic employed in the execution of the contract, by him or any
sub-contractor under him, upon any of the work hereinbefore mentioned, for each
calendar day during which the laborer, workman or mechanic is required or permitted to
labor more than eight (8) hours in violation of the Labor Code.
9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and
subsistence pay to each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Labor Code Section 1773.8.
10. CONTRACTOR'S LIABILITY: The City and its officers, agents and
employees ("Indemnitees") shall not be answerable or accountable in any manner for
any loss or damage that may happen to the work or any part thereof, or for any of the
materials or other things used or employed in performing the work; or for injury or
damage to any person or persons, either workers or employees of Contractor, of its
sub-contractors or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the performance of the work.
Contractor shall be responsible for any damage or injury to any person or property
resulting from defects or obstructions or from any cause whatsoever.
Contractor will indemnify Indemnities against and will hold and save Indemnitees
harmless from any and all actions, claims, damages to persons or property, penalties,
obligations or liabilities that may be asserted or claimed by any person, firm, entity,
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corporation, political subdivision, or other organization arising out of or in connection
with the work, operation, or activities of Contractor, its agents, employees, sub-
contractors or invitees provided for herein, whether or not there is concurrent passive
negligence on the part of City. In connection therewith:
a. Contractor will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and
will pay all costs and expenses, including attorneys' fees, expert
fees and costs incurred in connection therewith.
b. Contractor will promptly pay any judgment rendered against
Contractor or Indemnitees covering such claims, damages,
penalties, obligations and liabilities arising out of or in connection
with such work, operations or activities of Contractor hereunder,
and Contractor agrees to save and hold the Indemnitees harmless
therefrom.
Contractor's obligations under this section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of City under any provision of
this Agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
So much of the money due to Contractor under and by virtue of the contract as
shall be considered necessary by City may be retained by City until disposition has
been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended
to be as broad and inclusive as is permitted by the law of the State of California. This
indemnity provision shall survive the termination of the Agreement and is in addition to
any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of
any insurance coverage which may have been required under this Agreement or any
additional insured endorsements which may extend to Indemnitees.
Contractor, on behalf of itself and all parties claiming under or through it, hereby
waives all rights of subrogation and contribution against the Indemnitees, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to activities or operations perFormed by or on behalf of the Contractor
regardless of any prior, concurrent, or subsequent passive negligence by the
Indemnitees.
11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by
this Agreement because of the race, color, sex, mental disability, physical disability,
religion or other reason set forth in Government Code § 12940 of such person.
Contractor agrees to post in conspicuous places available to employees and
applications, a notice setting forth provisions of this non-discrimination clause. A
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violation of this section exposes the Contractor to the penalties provided for in Labor
Code Section 1735.
12. Reserved.
13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in
Public Contract Code §9204, shall be submitted in accordance with Section 9204 and
shall contain a sufficient description of the claim, the basis therefore and documentation
in support of the claim. The claim shall be processed as more fully set forth in the Plans
and Specifications.
14. TERMINATION: This Agreement may be terminated by the City for any
reason upon the giving of a written "Notice of Termination" to Contractor at least thirty
(30) days prior to the date of termination specified in the notice. Upon receipt of such
notice, Contractor shall immediately cease work, unless otherwise directed by the
Notice of Termination. In the event of such termination, Contractor shall be paid for
services satisfactorily rendered and expenses reasonably and necessarily incurred prior
to the effective date of termination, unless the Notice of Termination is issued for cause,
in which event the City may withhold any disputed compensation. Contractor shall not
be entitled to any claim for lost profits.
State of California
Contractor's License No. C-27 #1015991
Contractor's Business Phone: 909-681-6949
Contractor's emergency phone which can be reached at any time: 909-681-6949
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement with
all the formalities required by law on the respective dates set forth opposite their
signatures.
DocuSigned by:
Nova Landscape Grou I
,
CO�-y�l ��NA
By: Geor e Ma ana �
Title: Chief Executive Officer������41�...
Date:
By:
Title:
Date: DocuSigned by:
--
CIT OF�iAi�70��1�"B 4R, CALIFORNIA
�
_�_J��`. '� 2/29/2024
By: '
an�ie���ox��ity anager
DocuSigned by:
ATTEST: ���_
;� 3/4/2024
By' o-4 FFr�r
ris�ina�antana, � ity Clerk
DocuSigned by:
Approved as to;�arrny: � �
� .� ..� � �!i J! � %�l:
2/27/2024
By� Omar��`andoval, ity Attorney
*NOTE: If Contractor is a corporation, the City requires the following
signafure(s):
-- The Chairman of the Board, the President or a Vice-President, AND (2)
the Secretary, the Chief Financial Officer, the Treasurer, an Assistant
Secretary or an Assistant Treasurer. If only one corporate officer exists or
one corporate officer holds more than one corporate office, please so
indicate. OR
-- The corporate officer named in a corporate resolution as authorized to
enter into this Agreement. A copy of the corporate resolution, certified by
the Secretary close in time to the execution of the Agreement, must be
provided to the City.
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