HomeMy WebLinkAboutNeal Electric Corporation dba Nealectric Inc; 2014-07-01; PWM14-60UTILPWM14-60UTIL
CITY OF CARLSBAD
IVIINOR PUBLIC WORKS CONTRACT
ALARM SYSTEIW INSTALLATION AND PUMP CONTROL PANEL REPLACEMENT AT
TAMARACK/FRAZEE BEACH BATHROOM
This agreement is made on the. X ^ " day of ^ \/4'/y 2014, by the City
of Carlsbad, California, a municipal corporation, (hereinaf^pxfailted'pity"), and Neal Electric Corporation
dba Nealectric Inc., a California corporation, whose prideipal place Df business is 13250 Kirkham Way,
Poway, CA 92064 (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 confiict,
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 Carisbad
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: Jesse Castaneda (City
Project Manager)
PREVAILING WAGES NOT REQUIRED. The City of Carisbad is a Charter City. Carisbad Municipal Code
Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a
statewide concern. Payment of prevailing wages is at Contractor's discretion.
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 litigafion 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 Carisbad 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.
Alarm System Installation and Pump Page 1 of 5 City Attorney Approved 2/7/13
Control Panel Replacement at Tamarack/
Frazee Beach Bathroom - CONT. NO. 45081
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Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrafive debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years/aTRtHl^at debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractot(or suj|ra|(ntl^0or 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 insurers that have:
(1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized
to transact the business of insurance in the State of California by the Insurance Commissioner.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than $500,000
Subject to the same limit for each person on account of one accident in an amount not less than
$500,000
Property damage insurance in an amount of not less than $100,000
Automobile Liability Insurance in the amount of $100,000 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 cancellafion.
The policies shall name the City of Carisbad as an additional insured.
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 witli ttie 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 lifigation, arbitration, or other dispute resolution method.
JURISDICTION. The Contractor agrees and hereby sfipulates 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 7 working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within 20 working days after receipt of Notice to
Proceed.
Alarni System Installation and Pump Page 2 of 5 City Attomey Approved 2/7/13
Control Panel Replacement at Tamarack/
Frazee Beach Bathroom - CONT. NO. 45081
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CONTRACTOR'S INFORMATION.
NEAL ELECTRIC CORPORATION
dba NEALECTRIC INC.
(name of Contractor)
802588
(Contractor's license number)
CIO
(license class, and exp. date)
Expires 12-31-15
13250 KIRKHAM WAY
(street address)
POWAY, CA 92064
(city/state/zip)
858-513-2525
(telephone no.)
858-513-9499
(fax no.)
mpiscitellKS.nealelectric.com
(e-mail address)
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
NEAL ELECTRIC CORPORATION dba
NEALECrrRIQ^NG,T,a California corporation
By:
CITY OF CARLSBAD, a municipal corporation
of the State of Califomia
Assis si^^nj^City l\^n^ger, DepylyiiityManager
/ / or Department {^BctoF-^
'as authorized by the City Manager
Jim Howell
(sr^n here)
Sebastian Passanlsl, Asst. Secretary
(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 ofthe following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
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:
CELIA A. BREWER, City A
BY:
Assistant City Attorney
Alarm System Installation and Pump
Control Panel Replacement at Tamarack/
Frazee Beach Bathroom - CONT. NO. 45081
Page 3 of 5 City Attomey Approved 2/7/13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
of S^-x Di-e^o County I 1
On before me.D^/^^ 2dSMMS'^-^ f^D^U^ fu^cL. .
Date , Here Insert Name and Title of the Officer \ ~
/ I Name(s) of Signer(s)
personally appeared
DANA RASMUSSEN \
Commission # 1975985 |
Notary Public - California z
)*• .C County g
^^H^ Mv Comm. Expires Apr 22.2016 \
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is7are
subscribed to the within instrument and acknowledged
to me that -he/she/they executed the same in
ttts/her/their authorized capacity(ies), and that by
tris/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 PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my
Place Notary Seal Above
Signature:
OPTIONAL —
fid and official seal.
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Numberj 'ages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
Corporate Officer — Title(s)
Individual
Partner — ; J Limited General^op of thumb here
Attorney in Fact
Trustee
Guardian or Co;i^rvator
Other: _
I Signer Is Representing:
signer's Name:
[J Corporate Officer — Tit!e(s):
77 Individual
7] Partner — L Limited 1 ] General
' Attorney in Fact
I ;j Trustee
77 Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
S 2010 National Notary Association • NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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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 perfonned 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 License No.,
Classification &
Expiration Date
%of
Total
Contract
NONE
Total % Subcontracted: 0%
Alarm System Installation and Pump
Control Panel Replacement at Tamarack/
Frazee Beach Bathroom - CONT. NO. 45081
Page 4 of 5 City Attomey Approved 2/7/13
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EXHIBIT B
ALARM SYSTEM INSTALLATION AND PUMP CONTROL PANEL REPLACEMENT
JOB QUOTATION
ITEM
NO. QTY DESCRIPTION PRICE
1
Provide large nema 4 (painted) enclosure to house new 200
amp load center, new pump control panel, future verbatim
panel & time clock.
2 Provide & install new conduit, wire & terminations to connect all
components.
3 Provide & install 1 new 4' 2 lamp surface mount fiuorescent
fixture with wrap around lens (lamps included).
4 Provide & install new conduit, wire, box & light switch.
5 Provide & install new conduit, wire, box & GFI utility receptacle.
6 Provide & install new float switches for use with new pump
control panel.
TOTAL* $10,998.73
*lncludes taxes, fee's, expenses and all other costs.
Location: 3901 Carlsbad Boulevard
Proposal attached
Alarm System Installation and Pump
Control Panel Replacement at Tamarack/
Frazee Beach Bathroom - CONT. NO. 45081
Page 5 of 5 City Attomey Approved 2/7/13
Providing Electrical Services^tk
EXHIBIT B
Revision 0"
Date: 5/8/2014
Re: Drywell Re-hab and Pump Control Panel Replacement
Bid Date: 5/8/2014
We are pleased to present our proposal on the referenced project. Our quotation includes
all labor, tools, material, and applicable taxes required for a complete electrical
installation. It is based on the following documents:
Scope of Work:
• Pr<?vide Large Nema 4 (Painted) Enclosure to house New 200 Amp Load Center,
New Pump Control Panel, Future Verbatim Panel, and Time Clock
• Provide and Install New Conduit, Wire, and Terminations to Connect all
Components
• Provide and Install 1 New 4' 2 Lamp Surface Mount Fluorescent Fixture with
Wrap Around Lens (lamps included)
• Provide and Install New Conduit, Wire, Box, and Light Switch
• Provide and Install New Conduit, Wire, Box, and GFI Utility Receptacle
• Provide and Install New Float Switches for use with New Pump Control Panel
TOTAL ALL BID ITEMS $ 10,998.73
Clarifications:
1. Neal Electric Corporation has been certified as a Minority Business Enterprise
(MBE). Certification available upon request.
Exclusions:
1. City and regulatory permits and fees
2. Design and engineering fees
3. Reproduction costs
4. Utility company fees
5. Cutting, coring and patching of existing hard surfaces
6. Formed/poured in place concrete
7. Repair and patch of landscaping
8. Handling or removal of hazardous materials
9. Traffic control, including permits and fees
San Diego«13250 Kirkham Way • Poway • CA • 92064 • 858-513-2525 • FAX 858-513-9499
•www.neaielectric.com • License 010-802588
Providing Electrical Services^^
EXHIBIT B
10. All costs associated with the permitting, designing or implementing the SWPPP
including fines and penalties
11. Combination starters
12. Electrical connection to items FBO unless shown on the electrical drawings
13. Noise permits
14. Low Voltage Systems i.e.
a. Fire Alarm
b. Public Address
c. Nurse Call
d. Intercom
e. Tele/Data
f. Security
g. Card Access
h. CCTV
i. Audio/Visual
15. Bypass pumping or associated electrical
16. Installation of in-line devices and pneumatic tubing and the fumishing and
installation of necessary flanges and fittings.
17. Pressure gauges and diaphragm seals.
18. Pressure switches and diaphragm seals.
19. Process connections and piping for instrumentation and mechanical in-line
devices.
20. Installation of all mechanical in-line devices and instruments. When provided by
Neal Electric under the instrument division of work mechanical in-line equipment
and instruments will be fumished including testing and startup, with installation
including necessary flanges and fittings, will be performed by others.
This quotation is validfor (30) days from the above date.
We thank you for the opportunity to assist you on this project and hope that you will
favor us with this work. As always, your telephone inquiries will yield a prompt
response.
Sincerely,
Michael Piscitelli
Neal Electric Corporation
Estimator: Michael Piscitelli
Estimate File number: 14-00585
Form date 7/15/08
San Diego»13250 Kirkham Way • Poway • CA • 92064 • 858-513-2525 • FAX 858-513-9499
•www.nealelectric.com • License ClO-802588